Windmill Nursing Pavilion, LTD. v. Cincinnati Insurance Company

Class action suit for sending unsolicited fax advertisements, in violation of Telephone Consumer Protection Act (TCPA), with settlement of $7 million. Insurer provided initial $3 million settlement fund from policies, and then Plaintiff filed declaratory judgment action against insurer to recover remaining amount. Ohio law applies, as insurance policies in issue were executed and delivered in Ohio, and Ohio had most significant contacts. Insurer provided sufficient notice to insured as to TCPA exclusion in renewal policy. Coverage under products-completed operations hazard provision in renewal policy was not available because of valid TCPA exclusion. (GORDON and McBRIDE, concurring.)