Last year, the Illinois Supreme Court held statutory damages of $500 per occurrence for violations of the Telephone Consumer Protection Act (TCPA) were not punitive in nature and reversed an Illinois appellate court decision precluding insurance coverage for TCPA class actions on that basis. Standard Mutual Ins. Co. v. Lay, 2013 IL 114617 (2013). The … Continue Reading
On October 7, 2013, a Missouri federal court judge held that a class action plaintiff that alleged violations of the Telephone Consumer Protection Act (TCPA) lacked standing to seek coverage under the defendant’s insurance policies. Nationwide Mutual Insurance Company v. Harris Medical Associates, LLC, No. 4:13-CV-7 CAS, United States District Court, Eastern District of Missouri … Continue Reading
A Georgia federal district court ruled on August 7th that a bank was not entitled to insurance coverage for class action claims based on its allegedly excessive overdraft fees. Fidelity Bank v. Chartis Specialty Insurance Company, 1:12-CV-4259-RWS (US Dist. Ct. ND Ga, August 7, 2013). Customers filed a class action lawsuit against Fidelity Bank, claiming … Continue Reading
On July 10, 2013, the Eastern District of Missouri Federal District Court refused to allow a class action plaintiff to directly access the defendant’s insurance coverage for plaintiff’s Telephone Consumer Protection Act (TCPA) claims while the TCPA class action lawsuit remained pending. Evanston Insurance Company v. Harris Medical Associates, LLC, and St. Louis Heart Center, … Continue Reading
Upon learning that his obituary had been published in the New York Times, Mark Twain famously quipped, “Reports of my death have been greatly exaggerated.” The same can be said about class action lawsuit filings after the Supreme Court’s decisions in Wal-Mart Stores, Inc. v. Dukes, 131 S. Ct. 2541 (2011) (plaintiffs required to show … Continue Reading
