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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]