Insurer Argues Against Dish Appeal in TCPA Indemnification Fight

With monetary penalties being uninsurable under Colorado law and Telephone Consumer Protection Act statutory damages being penalties under Colorado law, a U.S. District judge in Denver was right in holding that Dish Network's Ace American Insurance policies don't cover the TCPA litigation brought by the federal government and four states, Ace said in a docket 17-1140 reply brief (in Pacer) Wednesday in the 10th U.S. Circuit Court of Appeals. The TCPA lawsuit also seeks equitable remedies, but those remedies don't qualify as damages under Colorado law or Ace policies, it said. The insurer also said Dish can't invoke coverage that covers insureds in the broadcasting business, which Dish is, or coverage of damages from an "occurrence" of accidental or fortuitous events, since none of the alleged telemarketing conduct fits that bill. Dish didn't comment Thursday. Dish also is in litigation with National Union Fire Insurance Co. over indemnification of it in the combined federal/state TCPA complaint (see 1708220024).