Zurich American Ins. Co. v. Ocwen Financial Corp.

Federal 7th Circuit Court
Civil Court
Insurance
Citation
Case Number: 
No. 19-3052
Decision Date: 
March 12, 2021
Federal District: 
N.D. Ill., E. Div.
Holding: 
Affirmed

Dist. Ct. did not err in entering judgment in favor of plaintiff-insurance company in action seeking declaration that it had no duty to defend defendant-insured debt collector in underlying claim filed by debtor, who alleged that defendant violated Fair Debt Collection Practices Act (FDCPA), Telephone Consumer Protection Act (TCPA), and related common-law actions by attempting to collect on mortgage loan that had been discharged in bankruptcy by making 58 calls to debtor's cell-phone. Debtor's action was not covered by policy that contained exclusions for actions under TCPA, as well as for underlying conduct that formed basis of violation of enumerated laws, including debtor's FDCPA claim. In this regard, underlying  allegations that defendant caused debtor's phone to ring repeatedly with intent to annoy debtor violated FDCPA, which was excluded conduct under instant policy. Also, debtor's underlying complaint that "some or all" of calls made to debtor's cell-phone were accomplished by using one of four ATDS phone systems reinforced notion that debtor was alleging that defendant had violated TCPA.