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PENZER v. TRANSPORTATION INS. CO.

No. 07-13827.

545 F.3d 1303 (2008)

Michael PENZER, as assignee of Southeast Wireless, Inc., Plaintiff-Counter-Defendant-Appellant, v. TRANSPORTATION INSURANCE COMPANY, a wholly owned subsidiary of CNA, a foreign corporation, Defendant-Counter-Claimant-Third-Party-Plaintiff-Appellee, v. Southeast Wireless, Inc., Nextel South Corp., Third-Party-Defendants.

United States Court of Appeals, Eleventh Circuit.

October 23, 2008.

Attorney(s) appearing for the Case

Marc A. Wites, Daniel Adam Bushell, Wites & Kapetan, P.A., Lighthouse Pt., FL, Douglas S. Wilens, Stuart A. Davidson, Coughlin, Stoia, Geller, Rudman & Robbins, LLP, Boca Raton, FL, for Penzer.

Laura Besvinick, Hogan & Hartson, LLP, Miami, FL, Arthur J. McColgan, II, Ryan M. Henderson, Walker, Wilcox, Matouse, LLP, Chicago, IL, for Transp. Ins. Co.

Before TJOFLAT and BLACK, Circuit Judges, and RESTANI, Judge.

PER CURIAM:

This appeal involves an insurance coverage dispute. Appellant Michael Penzer ("Penzer") is the assignee of Southeast Wireless, Inc. ("Southeast"). Appellee Transportation Insurance Company ("Transportation") issued to Southeast a commercial liability policy that included coverage for "advertising injury." Penzer and Southeast entered into a class action settlement1 of claims that Southeast violated the Telephone Consumer Protection...

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