UNIVERSAL UNDERWRITERS v. LOU FUSZ AUTOMOTIVE

No. 04-1497.

401 F.3d 876 (2005)

UNIVERSAL UNDERWRITERS INSURANCE COMPANY, a Kansas corporation, Plaintiff-Appellant, v. LOU FUSZ AUTOMOTIVE NETWORK, INC., a Missouri corporation; Onsite Computer Consulting Services, Inc., a Missouri corporation, Defendants-Appellees, West Brothers Chrysler, Inc.; Stephenson Electric Company, Defendants.

United States Court of Appeals, Eighth Circuit.

Filed: March 21, 2005.


Attorney(s) appearing for the Case

Max H. Stern (argued), San Francisco, CA, for appellant.

Karl W. Dickhaus (argued), St. Louis, MO, for appellee, Onsite Computer.

Jay L. Kanzler (argued), St. Louis, MO, for appellee, Lou Fusz Automotive, etc.

Before MELLOY, SMITH, and COLLOTON, Circuit Judges.


MELLOY, Circuit Judge.

Onsite Computer Consulting Services ("Onsite") brought a class action lawsuit against Lou Fusz Automotive Network, Inc. ("Lou Fusz") in state court under the Telephone Consumer Protection Act, 47 U.S.C. § 227 (the "Act"), a federal statute that prohibits unsolicited fax advertisements. Lou Fusz tendered the claim to its insurer, Universal Underwriters Insurance Company ("Universal"). Universal agreed to provide a defense under a complete...

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