St. Paul Fire and Marine Ins. Co. v. Onvia, Inc., 165 Wn.2d 122, 133, 196 P.3d 664 (2008)
Jan 01, 2008OUTCOME:
Represented insurance company in liability coverage and bad faith litigation. St. Paul's insured was sued in a class action for "fax blasting," or unlawful mass marketing by fax machine. The insured ... settled the class action for a judgment exceeding $17 million and assigned its claims against the insurer to the plaintiff class. In the coverage litigation that followed, the federal court ruled that the insurer had no defense or coverage obligation for "fax blasting" and in answer to certified questions, the State Supreme court held that errors in claim handling in the absence of a duty to defend could not render the insurer liable for the amount of the judgment.
