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VALLEY FORGE INS. v. SWIDERSKI ELECTRONICS

No. 2-04-0910.

834 N.E.2d 562 (2005)

359 Ill. App.3d 872

296 Ill.Dec. 5

VALLEY FORGE INSURANCE COMPANY and Continental Casualty Corporation, Plaintiffs and Counterdefendants-Appellants, v. SWIDERSKI ELECTRONICS, INC., Defendant and Counterplaintiff and Third-Party Plaintiff-Appellee (Ernie Rizzo, d/b/a Illinois Special Investigations, Third-Party Defendant-Appellee).

Appellate Court of Illinois, Second District.

August 17, 2005.

Attorney(s) appearing for the Case

Robert D. Tepper, of Schenk, Annes, Brookman & Tepper, Ltd., of Chicago, and Andrew Butz, Joseph S. Crociata, and William H. White, Jr., all of Bonner, Kiernan, Trebach & Crociata, of Washington, D.C., for appellants.

Deborah S. Bussert, of Meltzer, Purtill & Stelle, L.L.C., of Schaumburg, and Anthony C. Valiulis and Joanne Sarasin, both of Much, Shelist, Freed, Denenberg, Ament & Rubenstein, of Chicago, for appellee Swiderski Electronics, Inc.

Phillip A. Bock, Malik R. Diab, and Robert M. Hatch, all of Diab & Bock, of Chicago, and Brian J. Wanca and Steven A. Smith, both of Anderson & Wanca, of Rolling Meadows, for appellee Ernie Rizzo.

Perry M. Shorris, of Bollinger, Ruberry & Garvey, of Chicago, for amicus curiae.

Justice BOWMAN delivered the opinion of the court:

In this case, we are called upon to decide the scope of the Telephone Consumer Protection Act (Act) (47 U.S.C. § 227 et seq. (2000)) in relation to insurance coverage under a commercial general liability policy (policy). Based on the receipt of unsolicited facsimile advertisements, Ernie Rizzo, d/b/a Illinois Special Investigations (Rizzo), brought a class action lawsuit under the Act against Swiderski...

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