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“Advertising Injury” Policy Provision

A class action was filed against an insured for sending unsolicited advertisements by facsimile to class members, alleging a violation of the Telephone Consumer Protection Act (TCPA), 47 U.S.C. §227 (2006).  The insured entered into a settlement agreement without the insurer’s consent, which was to be satisfied solely from the general commercial liability insurance policy.  […]

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