California Court of Appeal

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ACS Sys., Inc. v. St. Paul Fire & Marine Ins. Co., B181837

In an insurance coverage dispute based on underlying class action alleging plaintiff violated the Telephone Consumer Protection Act of 1991 by sending unsolicited ads to fax machines, sustaining of demurrer is affirmed, as a liability insurer providing coverage for "advertising injury" and "property damage" is not required to defend its insured in an action alleging violation of the TCPA and invasion of privacy.

Appellate Information

  • Decided 01/29/2007
  • Published 01/29/2007

Judges

  • KITCHING, J.

Court

  • California Court of Appeal

Counsel

  • For Appellant:
  • Wright, Robinson, Osthimer & Tatum, Charles H. Horn, and Brian S. Inamine, Los Angeles, for Plaintiffs and Appellants.

  • For Appellees:
  • Michelman & Robinson and Carol Boyd, Encino, for Defendants and Respondents.
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