United States Tenth Circuit

Judgment in a declaratory suit against an insurer in a coverage dispute over the defense of plaintiff in an underlying class action for alleged violations of the Telephone Consumer Protection Act is affirmed where the district court properly found that the insurer owed plaintiff a duty to defend under property damage and advertising injury policy provisions.

Appellate Information

• Decided 03/28/2006
• Published 03/28/2006

Judges

• SEYMOUR, Circuit Judge., Before BRISCOE, SEYMOUR, and ANDERSON, Circuit Judges.

Court

• United States Tenth Circuit

Counsel

• For Appellees:
  
• Andrew Butz of Bonner Kiernan Trebach & Crociata, Washington, DC (William H. White, Jr. and Jeffrey M. Koonankeil of Bonner Kiernan Trebach & Crociata, Washington, DC;  and Barry W. McCormick of McCormick, Adam & Long, Overland Park, KS, with him on the briefs), for Defendant-Appellant., Thomas M. Van Camp of Van Camp, Meacham & Newman, PLLC, Pinehurst, NC (Heywood H. Davis of Dicus, Davis, Sands & Collins, PC, Kansas City, MO, with him on the brief), for Plaintiff-Appellee.