Mass. Appeals Panel Lets Insurers Avoid $16M TCPA Coverage

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By Jasmin Jackson (January 7, 2022, 4:22 PM EST) — Massachusetts’ intermediate-level appeals court said Friday that two insurers don’t have to partially cover a glassmaker’s $15.8 million settlement over unsolicited junk faxes, finding that the insurers gave ample notice of exclusions regarding Telephone Consumer Protection Act violations.

In an unpublished opinion, the appellate panel reversed a lower court’s finding that The Netherlands Insurance Co. and Excelsior Insurance Co. did not properly notify policyholder Precision Electronic Glass Inc. of TCPA exclusions in a renewed policy. According to the panel, the insurers sent Precision documents that addressed the policy changes in “bold and capital headings,” allowing them to enforce the exclusion in…

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