In the News

Michael Borders, Rosa Tumialán Author Article for Claims Journal

Dykema Attorneys Offer Inside Perspective on Second District Illinois Appellate Court Decision in Significant TCPA Case

June 2, 2014

Michael C. Borders, Office Managing Member of Dykema’s Chicago Office, and Rosa M. Tumialán, Chicago-based member who specializes in class action defense and insurance coverage litigation in both state and federal courts, co-authored an article—“Illinois Appellate Court Decision Challenges TCPA Cottage Industry”—that appears in the June 2, 2014 issue of Claims Journal. Claims Journal is a nationally-distributed publication, available in both print and online editions, that provides property/casualty insurance claims professionals the latest industry news and trends.

In the article, Borders and Tumialán provide insight into the recent decision by the Second District Illinois Appellate Court—GM Sign, Inc. v. State Farm Fire & Casualty Co., 2014 IL App (2d) 130593—which sided with the insurance industry on the scope of the Insurance Services Office (ISO) form of the Distribution of Material in Violation of Statute exclusion. This opinion forces the TCPA plaintiff’s bar to develop counter measures when pursuing coverage for TCPA violations.

Borders and Tumialán, who successfully argued this case on behalf of client, State Farm, observe that the Appellate Court’s opinion is “a significant crack in the foundation of the TCPA cottage industry,” providing “judicial vindication” of the intended scope of the Distribution of Material in Violation of Statute exclusion.

To read this article in full, click here.