Policy clause a lifesaver in junk-fax suit

Trial Notebook

By Steven P. Garmisa

Hoey & Farina

Posted July 16, 2014 3:01 PM

Trying to eliminate its liability for junk-fax claims against its insureds, State Farm Fire and Casualty Co. crafted an exclusion, referred to as Endorsement FE-6655, that says, “This insurance does not apply to: Bodily injury, property damage, personal injury or advertising injury arising directly or indirectly out of any action or omission that violates or is alleged to violate: a. The Telephone Consumer Protection Act.” Endorsement FE-6655 was attached to a liability policy that State Farm sold to …

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