SIDING AND INSULATION CO. v. ACUITY MUT. INS. CO.

No. 13-3884.

754 F.3d 367 (2014)

The SIDING AND INSULATION COMPANY, INC., individually and as a class of similarly-situated persons, Plaintiff-Appellant, v. ACUITY MUTUAL INSURANCE COMPANY, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: June 10, 2014.


Attorney(s) appearing for the Case

ARGUED: David M. Oppenheim , Anderson + Wanca, Rolling Meadows, Illinois, for Appellant. D. John Travis , Gallagher Sharp, Cleveland, Ohio, for Appellee. ON BRIEF: David M. Oppenheim , Jeffrey A. Berman , Anderson + Wanca, Rolling Meadows, Illinois, Scott D. Simpkins , Climaco Wilcox Peca Tarantino & Garofoli Co., LPA, Cleveland, Ohio, for Appellant. D. John Travis , Jay Clinton Rice , Gary L. Nicholson , Gallagher Sharp, Cleveland, Ohio, for Appellee.

Before: KEITH, COOK, and KETHLEDGE, Circuit Judges.


OPINION

COOK, Circuit Judge.

This insurance coverage dispute stems from a class action alleging that Beachwood Hair Clinic, Inc. ("Beachwood") violated the Telephone Consumer Protection Act (TCPA), 47 U.S.C. § 227, by disseminating more than 37,000 unsolicited fax advertisements between 2005 and 2006. See generally Siding & Insulation Co. v. Beachwood Hair Clinic, Inc. ("Siding I"), No. 11-CV-1074 (N.D.Ohio). Facing more than $18 million...

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