Plaintiffs filed declaratory judgment action to determine whether Defendant insurer was obligated to defend class action against its insured and to indemnify eventual settlement of that action. Insured faxed unsolicited advertisements to 3636 recipients, and one recipient filed class action under TCPA. All 3 counts of underlying complaint assert liability arising out of the TCPA. Allegations in underlying complaint were not vague or ambiguous, but were clearly predicated on same facts, and explicitly incorporated same allegations that formed basis of count for TCPA violations. Terms of settlement agreement and judgment entered in underlying case indicate that action was resolved on basis of TCPA liability alone. Policy's TCPA exclusions unambiguously applied to underlying complaint.(CONNORS and HARRIS, concurring.)
Illinois Appellate Court
Civil Court
Telephone Consumer Protection Act