Metropolitan Antiques sent unsolicited facsimile advertisements every three to four months. Approximately 360,000 facsimile advertisements were sent

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Metropolitan Antiques sent unsolicited facsimile advertisements every three to four months. Approximately 360,000 facsimile advertisements were sent to Massachusetts numbers. Metropolitan was sued for violating the Telephone Consumer Protection Act (TCPA). It could be subjected to statutory penalties for each violation of the TCPA. The company asked its insurance carrier, Terra Nova, to intervene. Metropolitan’s commercial general liability policy from Terra Nova provided coverage for “personal and advertising injury liability.” The policy defined such injury as “oral or written publication of material that violates a person’s right of privacy.” In addition, the policy contained an exclusion for willful violations of a penal statute. Is Metropolitan’s liability for sending unsolicited faxes covered by the insurance policy? Explain.

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Law for Business

ISBN: 978-1259722325

13th edition

Authors: A. James Barnes, Terry M. Dworkin, Eric L. Richards

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