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OWNERS INS. CO. v. EUROPEAN AUTO WORKS, INC.

No. 11-3068.

695 F.3d 814 (2012)

OWNERS INSURANCE COMPANY; Auto-Owners Insurance Company, Plaintiffs-Appellants v. EUROPEAN AUTO WORKS, INC., doing business as Autopia; Percic Enterprises, Inc., Defendants-Appellees.

United States Court of Appeals, Eighth Circuit.

Filed: September 17, 2012.

Attorney(s) appearing for the Case

Timothy P. Tobin , argued, Allison M. Lange Garrison , on the brief, Minneapolis, MN, for appellants.

David Max Oppenheim , argued, Rolling Meadows, IL, Jenneane Louise Jansen , Minneapolis, MN, Garrett D. Blanchfield, Jr. , Brant D. Penney , St. Paul, MN, Phillip Andrew Bock , Chicago, IL, on the brief, for appellees.

Before MURPHY, MELLOY, and COLLOTON, Circuit Judges.

MURPHY, Circuit Judge.

Owners Insurance Company and Auto-Owners Insurance Company brought this declaratory judgment action seeking a ruling that their insurance policies issued to European Auto Works, Inc., doing business as Autopia, do not cover class claims brought in state court by Percic Enterprises, Inc. The state court complaint alleged that Autopia violated the Telephone Consumer Protection Act (TCPA), 47 U.S.C. § 227(b)(1)(C), by sending unsolicited fax...

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