Tenth Circuit Ruling Backs Argument That Ace American Required To Provide Defense, Dish Says

A recent ruling by the 10th U.S. Circuit Court of Appeals further shows Ace American Insurance should be required to defend Dish Network against robocall claims, Dish said in a filing Friday in U.S. District Court in Denver. The insurance company sued Dish in 2013, seeking a determination it isn't obligated to reimburse Dish for defense costs as the DBS provider fights claims by the FTC and California, Illinois, North Carolina and Ohio alleging violations of the telemarketing sales rule because Dish helped dealers use robocalls to deliver prerecorded messages (see 0903260144). Ace argued in its original lawsuit that its Dish coverage didn't apply to the robocalls suit because its policy is for such matters as property damage or bodily injury. Dish, in its filing Friday, said a portion of Ace's argument relied on a U.S. District Court ruling in KF 103-CV v. American Family Mutual Insurance, and a July ruling by 10th Circuit reversed that decision and backs its position that Ace has an obligation to defend it. Ace, in a similar filing in January in the Denver court, said it would discuss the 10th Circuit decision during oral argument on its motion for summary judgment or could file a supplemental briefing if so asked by the court. Ace didn't comment Monday.