Missouri Supreme Court: Insurer Has Duty To Defend, Indemnify Junk Fax Suit

Missouri Supreme Court: Insurer Has Duty To Defend, Indemnify Junk Fax Suit

JEFFERSON CITY, Mo. - The Missouri Supreme Court on Aug. 13 affirmed a trial court's ruling that "property damage" and "advertising injury" coverage was invoked and triggered a commercial general liability insurer's duty to defend its insured against an underlying class action seeking injunctive relief and statutory damages under the Telephone Consumer Protection Act (TCPA), further finding that the insurer has a duty to indemnify its insured for the $5 million class action settlement (Columbia Casualty Company v. HIAR Holdings, L.L.C., et al., No. SC93026, Mo. Sup.; 2013 Mo. LEXIS 49).

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