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PENZER v. TRANSPORTATION INS. CO.

No. 07-13827.

605 F.3d 1112 (2010)

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.

May 11, 2010.

Attorney(s) appearing for the Case

Marc A. Wites, Wites & Kapetan, P.A., Lighthouse Point, FL, Douglas S. Wilens, Stuart A. Davidson, Robbins Geller Rudman & Dowd, LLP, Boca Raton, FL, Daniel Adam Bushell, Berman DeValerio, Palm Beach Gardens, FL, for Michael Penzer.

Laura Besvinick, Hogan & Hartson, LLP, Arthur J. McColgan, II, Walker Wilcox Matousek, LLP, Chicago, IL, Ryan M. Henderson, Chicago, IL, for Transportation Ins. Co.

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

PER CURIAM:

Appellee Transportation Insurance Company ("Transportation") issued to Southeast Wireless, Inc. ("Southeast") a commercial liability insurance policy that included coverage for "advertising injury." The provision covered "injury arising out of . . . [o]ral or written publication of material that violates a person's right of privacy." (R.E. 62.) Penzer and Southeast entered into a class action settlement of claims...

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