Pace Communications Services Corporation

Plaintiffs filed class action alleging that Defendant company violated TCPA by faxing unsolicited advertisements. Defendant's insurer declined coverage, asserting that faxes were not sent during policy periods. Insurer then filed declaratory judgment action in federal court. Plaintiffs and Defendant settled class action, and Plaintiffs filed citation proceeding against insurer. Court properly dismissed citation proceeding, as declaratory judgment in federal action bars relitigation of insurer's duty to indemnify Defendant. Insurer established issue preclusion in circuit court as Plaintiffs were in privity with Defendant, through settlement agreement which created substantive legal relationship between them, and collateral estoppel elements were met. (McLAREN and JORGENSEN, concurring.)