Date : May 18, 2011
The First Circuit Court of Appeals has ruled that Cynosure Inc.’s insurer does not have to cover the manufacturer in a putative class action over its practice of sending so-called blast faxes to advertise its products. The ruling reverses a 2009 district court opinion ordering St. Paul Fire and Marine Insurance Co. to cover Cynosure for attorneys’ fees and costs and potential damages incurred in the underlying action. The suit is Cynosure Inc. v. St. Paul Fire and Marine Insurance Co. et al., case number 10-1119, in the U.S. Court of Appeals for the First Circuit.
Charles Spevacek, William Hart and Damon L. Highly of Meagher & Geer represent St. Paul along with Michael F. Aylward of Morrison Mahoney.
The decision was reported on Law360 and the opinion is available at the Law360 site.