10th Circuit Affirms Insurer Not Responsible for Dish TCPA Defense

The 10th U.S. Circuit Court of Appeals upheld a lower court summary judgment in favor of Ace American Insurance that it has no duty to defend or indemnify Dish Network in a Telephone Consumer Protection Act (TCPA) telemarketing lawsuit. In the docket 17-1140 decision (in Pacer) Wednesday, the appellate court agreed TCPA statutory damages were civil penalties and uninsurable under Colorado law and the insurance policies don't cover injunctive relief. Ruling were Judges Carlos Lucero, Monroe McKay and Carolyn McHugh, with McHugh writing the decision. Dish didn't comment Thursday.