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TERRA NOVA INSURANCE COMPANY v. FRAY-WITZER; ROYAL & SUNALLIANCE USA

449 Mass. 406 (2007)

TERRA NOVA INSURANCE COMPANY v. EVAN FRAY-WITZER & another; ROYAL & SUNALLIANCE USA, third-party defendant.

Supreme Judicial Court of Massachusetts, Suffolk.

July 10, 2007.

Attorney(s) appearing for the Case

John T. Zogby for Metropolitan Antiques, LLC.

Matthew P. McCue (Edward A. Broderick with him) for Evan Fray-Witzer.

John P. Graceffa (Fay M. Chen with him) for the plaintiff.

Michael F. Aylward for Royal & SunAlliance USA.

The following submitted briefs for amici curiae:

Laura A. Foggan & John C. Yang, of the District of Columbia, Kim V. Marrkand, & Philip J. Catanzano for Complex Insurance Claims Litigation Association.

Brian J. Wanca, Steven A. Smith, & Phillip A. Bock, of Illinois, for CE Design Ltd.

Joseph R. Compoli, Jr., & James R. Goodluck, of Ohio, for Telemarketing, Spam & Junk Fax Litigation Group of the Association of Trial Lawyers of America.

Charles E. Spevacek & William M. Hart, of Minnesota, & Arthur J. McColgan, II, for St. Paul Fire & Marine Insurance Company & others.

Present: MARSHALL, C.J., GREANEY, IRELAND, SPINA, COWIN, & CORDY, JJ.

SPINA, J.

The principal issue we are asked to decide is whether unsolicited facsimile advertisements sent to Massachusetts residents by a New Jersey company, allegedly in violation of the Telephone Consumer Protection Act, 47 U.S.C. § 227 (2000) (TCPA), caused covered injuries under the terms of two general liability insurance policies.2 Although we conclude that the facsimile transmissions at issue were not "accidents," for the purposes...

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