G.M. Sign, Inc. v. State Farm Fire and Casualty Co. -

(Modified upon denial of rehearing 9/2/14.) Declaratory judgment action for insurance coverage in blast-fax case. Amended complaint contained no factual allegations of faxes other than those in violation of TCPA. Insurer's policy exclusion for injury arising out of violation of Telephone Consumer Protection Act (TCPA) or other statutes prohibiting sending material, applied, so that insurer's duty to defend was never triggered. Insured obtained benefit of its settlement agreement in underlying litigation by taking position that faxes were sent in violation of TCPA, insured cannot argue that insurer owed a duty to defend because its amended complaint potentially included faxes falling outside of TCPA.(JORGENSEN and BIRKETT, concurring.)