An insurance company seeking to disclaim coverage for its insured’s alleged junk-faxing may have to prove its case before a jury, thanks to a state appeals court ruling that offers guidance on interpretation of advertising-exclusion clauses in general liability policies.
The issue on which coverage depended — whether the policyholder’s “primary, essential, chief or principal” business was “advertising, broadcasting, publishing or telecasting” — is for the trier of fact, not a matter for summary judgment, the Appellate Division ruled in Penn National Insurance Co. v. Group C Communications, Inc., A-2813-09.
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