Mesa Laboratories, Inc. v. Federal Insurance Company

Dist. Ct. did not err in granting judgment on pleadings in favor of defendant-insurance company in plaintiff-insured's action alleging that defendant breached insurance contract by failing to defend plaintiff in underlying lawsuit alleging that plaintiff sent unsolicited fax advertisements in violation of Telephone Consumer Protection Act (TCPA), as well as Illinois Consumer Fraud and Deceptive Practices Act, and that plaintiff's conduct constituted common-law conversion, nuisance and trespass. Instant policy barred coverage for any claims "arising out of TCPA" or any similar regulatory or statutory law. Both parties agreed that exclusion barred plaintiff's TCPA and other statutory claims. Also, Ct. of Appeals found that policy exclusion extended to plaintiff's common-law claims, where conduct associated with instant common-law claims arose out of same conduct associated with plaintiff's TCPA-related claims.