Mealey's Litigation Procedure - Judge: Exclusion Bars Coverage For Class Action Lawsuit Over Unsolicited Text Ads

Mealey's Litigation Procedure - Judge: Exclusion Bars Coverage For Class Action Lawsuit Over Unsolicited Text Ads

LOUISVILLE, Ky. - A commercial general liability insurance policy's violation of statutes exclusion precludes coverage for an underlying class action lawsuit alleging that pizza franchise insureds unlawfully sent unsolicited text messages to cellular telephones in violation of the Telephone Consumer Protection Act (TCPA) and the Washington State Consumer Protection Act (WSCPA), a Kentucky federal senior judge ruled July 3, granting the insurers' motion for summary judgment (National Union Fire Insurance Company of Pittsburgh, Pennsylvania, et al. v. Papa John's International, Inc., et al., No. 3:12-CV-00677-CRS, W.D. Ky.; 2014 U.S. Dist. LEXIS 90792).

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