G.M. Sign, Inc. v. Pennswood Partners, Inc.

Plaintiff filed class action complaint against Defendant for sending it unsolicited faxes. Insurers filed declaratory judgment coverage action. Conflict of laws exists between Illinois and Pennsylvania as to whether insurer owed a duty to defend under "property damage" provision of policies. Factors under choice-of-law analysis weigh in favor of Pennsylvania as state to govern interpretation of policies. Under Pennsylvania law, complaint did not allege an "accident" and insurer had no duty to defendant under property damage provisions, and no duty to indemnify.(BURKE and SPENCE, concurring.)