DISCLAIMER: Any unofficial case summaries below are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
041497P.pdf 03/21/2005 Universal Underwrite v. Lou Fusz Automotive
U.S. Court of Appeals Case No: 04-1497
Automotive
Eastern District of Missouri
Civil case - insurance. Insurer owed insured duty to defend action for
damages under Telephone Consumer Protection Act which action alleged
insured had violated the statute by sending unsolicited fax
advertisements; the question of whether the claims for damages might be
excluded under intentional acts exclusion provision of the policy depends
on the resolution of the underlying damages action, and the district court
did not err in refusing to resolve the issue.
[PUBLISHED] [Melloy, Author, with Smith and Colloton, Circuit Judges]