Policyholder Not Insured for $15.9 Million TCPA Settlement, Mass. Appeals Court Rules

BOSTON — Two insurers are not obligated to contribute toward a glass manufacturer’s $15.9 million settlement of a Telephone Consumer Protection Act (TCPA) action because they gave the company sufficient notice of the policy’s exclusions barring coverage for such claims, a Massachusetts appellate panel has ruled.

In a Jan. 7 opinion, the Massachusetts Appeals Court found the insurers’ notice of the exclusions, which barred coverage for “all acts in violation of statutes that govern e-mails, fax, phone calls, or other methods of sending materials or information,” were timely and adequate under New Jersey law.

In 2008, Precision Electronic Glass Inc., …