1st Circuit Reverses Ruling Against Insurers In 'Blast Fax' Coverage Lawsuit

BOSTON - Predicting that the Massachusetts high court would conclude that the "making known" language in insurance policies is not ambiguous, the First Circuit U.S. Court of Appeals on May 12 reversed a lower federal court's finding that insurers had a duty to defend and indemnify their insured against underlying claims that it violated the Telephone Consumer Protection Act (TCPA) by sending commercial facsimiles without consent (Cynosure Inc. v. St. Paul Fire and Marine Insurance Co., et al., No. 10-1119, 1st Cir.; 2011 U.S. App. LEXIS 9713). Full story on lexis.com