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Hunton Andrews Kurth LLP | USA | 25 Jul 2007

Massachusetts Supreme Court holds that policy term “invasion of privacy” within the definition of “advertising injury” under a commercial general liability policy is ambiguous and finds coverage for junk fax transmissions

Although an insured’s transmission of junk faxes was not an “accident” as that term is defined in the commercial general liability policy, the Massachusetts Supreme Judicial Court (the State’s highest court), interpreting New Jersey law, held that coverage is afforded to the insured for an underlying suit alleging violations of the Telephone Consumer Protection Act (TCPA) because the fax advertisements constitute “advertising injury” under the policy.

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