Mesa Laboratories, Inc. v. Federal Insurance Co.

994 F.3d 865 (7th Cir. 2021)

Words & Phrases

Exclusions: TCPA

Trial Judge

John Z. Lee

Appellate Judge

Kanne

Holding

Policy exclusion for claims "arising out of" the Telephone Consumer Protection Act  barred coverage for common-law claims that arose out of same conduct associated with the TCPA.

Fact Summary

The question in this case is straightforward: When an in-surance policy provides that the insurer has no duty to defend its insured against any claim “arising out of” the TCPA, does that exclusion extend to common-law claims arising from the TCPA-violating conduct?

The district court said yes, and we agree. We therefore af-firm the district court’s decision granting judgment on the pleadings in favor of the insurer.

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