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McCarter & English, LLP Discuss Factual Issues That Determine General Liability Insurance Coverage Under New Jersey Law For Violations Of The Telephone Consumer Protection Act: Penn National Insurance Co. v. Group C Communications, Inc.

By Adam J. Budesheim, Associate, McCarter & English, LLP In Penn National Insurance Co. v. Group C Communications, Inc. , A-2813-09T3, 2011 N.J. Super. Unpub. LEXIS 2077 (App. Div. Aug. 1, 2011), the first decision (albeit, unreported) from a New Jersey appellate court addressing insurance coverage...

McCarter & English on CGL Coverage for Advertising Injury: New Jersey Appellate Panel Weighs in on Blast Fax Coverage

By Louis A. Chiafullo and Brett D. Kahn, Attorneys, McCarter & English, LLP The New Jersey Appellate Division's recent decision in Penn National Company v. Group C Communications may help policyholders secure coverage for Advertising Injury liability. The opinion helps to explain the meaning...

Ten Most Significant Insurance Coverage Decisions Of 2013 – Illinois Supreme Court: Statutory Liquidated Damages Are Not Penal And Not Uninsurable Under Public Policy

Standard Mutual Insurance Company v. Lay, No. 114617, 989 N.E.2d 591 (Ill. May 23, 2013) [ enhanced version available to lexis.com subscribers ], is a Telephone Consumer Protection Act coverage case. TCPA is a do-do bird issue, or getting close to it, on account of the frequent lack of insurance dollars...

Why Failure To Read Policy Hurts Both Insured and Insurer – Per Claim Deductible Defeats Cover for Bad Faith Suit

It sees to me that no one reads an insurance policy until a claim is made. Even insurers fail to read or apply the terms and conditions of the policy to the facts of a loss. In Western Heritage Ins. Co. v. Asphalt Wizards , — F.3d —-, 2015 U.S. App. LEXIS 13263 (C.A.8 (Mo.) 7/30/2015), [subscribers...