Central Mutual Insurance Company v. Tracy’s Treasures, Inc.

(Court opinion corrected 11/17/14.) Insurance declaratory action filed after underlying class action filed alleged claims for unsolicited faxes in violation of federal Telephone Consumer Protection Act. Although in Illinois, statutes and public policy provide rights to persons injured from auto accidents, by requiring insurance, there is no corresponding public policy requiring those who advertise through electronic transmissions to carry liability insurance to cover possibility that those receiving ads electronically have not consented to receive them. Insurer and insured did not act together to defeat class action plaintiff's rights under the policies, as they were unaware of his claim due his delay in asserting it. (PUCINSKI and NEVILLE, concurring.)