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CYNOSURE, INC. v. ST. PAUL FIRE AND MARINE INS.

No. 10-1119.

645 F.3d 1 (2011)

CYNOSURE, INC. Plaintiff, Appellee, v. ST. PAUL FIRE AND MARINE INSURANCE COMPANY and St. Paul Guardian Insurance Company, Defendants, Appellants.

United States Court of Appeals, First Circuit.

Heard January 6, 2011.

Attorney(s) appearing for the Case

Charles E. Spevacek , with whom William M. Hart , Damon L. Highly , Meagher & Geer, P.L.L.P., Michael F. Aylward , and Morrison Mahoney, LLP, were on brief, for the appellants.

James T. Hargrove , with whom Laura E. D'Amato and Goulston & Storrs, P.C., were on brief, for the appellee.

Before LIPEZ, Circuit Judge, SOUTER, Associate Justice, and SELYA, Circuit Judge.

SOUTER, Associate Justice.

This is a declaratory judgment action to determine coverage under a commercial policy insuring against liability for injury caused by advertising. The plaintiff Cynosure, Inc., is the defendant in an underlying civil action charging it with responsibility for sending commercial fax messages "without consent from the recipients" in violation of the Telephone Consumer Protection Act, 47 U.S.C. §...

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