10th Circuit Affirms Insurer Not Responsible for Dish TCPA Defense
The 10th U.S. Circuit Court of Appeals upheld a lower court summary judgment in favor of Ace American Insurance that it has no duty to defend or indemnify Dish Network in a Telephone Consumer Protection Act (TCPA) telemarketing lawsuit. In…
Sign up for a free preview to unlock the rest of this article
Communications Daily is required reading for senior executives at top telecom corporations, law firms, lobbying organizations, associations and government agencies (including the FCC). Join them today!
the docket 17-1140 decision (in Pacer) Wednesday, the appellate court agreed TCPA statutory damages were civil penalties and uninsurable under Colorado law and the insurance policies don't cover injunctive relief. Ruling were Judges Carlos Lucero, Monroe McKay and Carolyn McHugh, with McHugh writing the decision. Dish didn't comment Thursday.