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Chubb is not required to defend dental examination in TCPA cases



A federal appeals court agreed with a lower court on Tuesday that a Chubb Ltd. entity was not required to defend a dental laboratory in a case involving claims arising from the Telephone Consumer Protection Act.

Dental Laboratory Mesa Laboratories Inc. sent faxes marketing their services but some, if not all recipients had not agreed to receive them, and the fax material did not contain an exception message required by TCPA, according to the 7th U.S. Circuit Court Chicago Appeals Mesa Laboratories Inc. v Federal Insurance Co.

In 2018, a dentist in Chicago filed a class action lawsuit against Mesa for sending unsolicited faxes in violation of TCPA

He also claimed that Mesa's conduct violated general law, which is law derived from customary and legal precedents rather than statutes.

Its insurer, the Chubb Ltd. Federal Unit, refused to provide the Efense ad because it claimed that the disputes fell outside its political coverage.

After Mesa and the dentist reached an agreement, Mesa filed a lawsuit against the Federal District Court in Chicago, alleging breach of contract, bad faith and wrongful delay and denial of claim.

The district court ruled in favor of the insurer and was upheld by a panel of three judges. The question, it said, is whether an "exclusion of information laws" that exclude laws "derived from" TCPA extends to common legal requirements arising from TCPA infringing behavior.

The general legal claims in this case contained an inconvenience. claim and a "conversion", that by sending the fax, Mesa had converted the recipient's ink, toner and paper for its own use, according to the complaint.

Referring to an earlier decision of the Court of Justice, the Board of Appeal ruled, "The answer is now clear … that" which arises from "language subjects which Community law also claims to exclude."

Lawyers in the case did not respond to a request for comment.

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