Margulis v. BCS Insurance Company

Plaintiff filed class action petition in Missouri against insurance agent/broker that had transmitted unsolicited, automated phone calls advertising its services. Settlement in Missouri for $4.999 million, with judgment to be satisfied exclusively from proceeds of insurance policies and claims against agent/broker's insurer. Plaintiff then filed declaratory judgment action in Cook County against insurer. As automated phone calls were not negligent acts, errors or omissions arising out of conduct of agent/broker's business in "rendering services for others" as a licensed agent/broker under its professional liability insurance policy. Thus, insurer had no duty to defend or indemnify, as terms of policy clearly preclude possibility of coverage. (HOWSE and TAYLOR, concurring.)