TCPA Insurance Claim Issues Continue To Evolve

As plaintiffs seek to enforce the Telephone Consumer Protection Act of 1991 with greater regularity, high dollar-value judgments and settlements have become commonplace. This uptick in TCPA cases has in turn led to a wealth of new TCPA-related insurance coverage decisions, most recently in Illinois Union Insurance Company v. U.S. Bus Charter & Limo Inc. There, a New York federal court adopted a broad reading of one key policy term, “professional services,” that could strengthen policyholders’ arguments for TCPA coverage under errors and omissions policies.