Dish Seeks Continued Stay in TCPA Suit Indemnification Row

Dish Network is asking a federal court to continue to stay National Union Fire Insurance Co. of Pittsburgh's litigation seeking declarations that it has no duty to defend or indemnify Dish in connection with a combined federal/state Telephone Consumer Protection Act complaint. The suit was stayed in February 2016, pending the outcome of the TCPA litigation. Dish, in its motion (in Pacer) filed Tuesday in U.S. District Court in Denver, said it likely will appeal the $280 million judgment entered against it in June (see 1706060069), so National Union’s duty to indemnify "remains uncertain and contingent." Dish also cited its ongoing appeal before the 10th U.S. Circuit Court of Appeals in a related insurance coverage dispute involving Ace American Insurance (see 1707170004), saying the 10th Circuit's guidance about insurance coverage issues "is likely to have import in this case." National Union outside counsel didn't comment.