ACE AMERICAN INS. CO. v. DISH NETWORK, LLC

No. 17-1140.

883 F.3d 881 (2018)

ACE AMERICAN INSURANCE COMPANY, Plaintiff/Counter Defendant-Appellee, v. DISH NETWORK, LLC, Defendant/Counterclaimant-Appellant.

United States Court of Appeals, Tenth Circuit.

Filed February 21, 2018.


Attorney(s) appearing for the Case

Eric A. Shumsky , Orrick, Herrington & Sutcliffe, Washington, D.C. ( Lee M. Epstein , Emily B. Markos , Weisbrod Matteis & Copley PLLC, Philadelphia, Pennsylvania, on the briefs) for Appellant.

Jonathan D. Hacker , O'Melveny & Myers LLP, Washington, D.C. ( Thomas M. Jones , Terri A. Sutton , Cozen O'Connor, Seattle, Washington, and Christopher S. Clemenson , Cozen O'Connor, Denver, Colorado, with him on the brief) for Appellee.

Before LUCERO, McKAY, and McHUGH, Circuit Judges.


In this appeal we must decide whether the district court correctly held that ACE American Insurance Company (ACE) has no duty to defend and indemnify DISH Network (DISH) in a lawsuit alleging that DISH's use of telemarketing phone calls violated various federal and state laws. The primary question is whether statutory damages...

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