Oregon Mutual Ins. Co., v. Rain City Pizza, LLC, 2013 WL 150173 (Wash. Ct. App. Division I - January 2013

Lawrence Gottlieb

Practice Area:Insurance

Outcome:The court of appeals agreed with our position and reversed the trial judge who had ruled that the exclusions only applied to acts of the defendants.

Description:◾Defended an insurance company client against claims that its CGL policy potentially covered claims in a class action suit asserting its insured had violated the Telephone Consumer Protection Act. We successfully argued that the Statutory Distribution of Materials exclusion broadly applied to bar coverage for the class action against Papa John’s International Inc., franchisees even though a third party carried out the challenged text messaging.