Standard Mutual Insurance Company v. Lay

Illinois Supreme Court
Civil Court
Citation
Case Number: 
2013 IL 114617
Decision Date: 
May 23, 2013
District: 
4th Dist.
Division/County: 
Macoupin Co.
Justice: 
FREEMAN
Holding: 
Appellate court reversed in part and affirmed in part; remanded.
Class action suit filed per federal Telephone Consumer Protection Act (TCPA) for receipt of unsolicited faxes. Monetary judgment, per settlement, entered against Defendant, to be paid only from his insurance policies. TCPA is a remedial and not a punitive statute. Liquidated damages of $500 per violation are not uninsurable punitive damages. (KILBRIDE, THOMAS, GARMAN, KARMEIER, BURKE, and THEIS, concurring.)