The Missouri Supreme Court Affirms Decision Requiring Insurance Indemnification Beyond Coverage in Telephone Consumer Protection Act Litigation

 threshold– and critical– determination in the defense of litigation brought pursuant to the Telephone Consumer Protection Act, 47 U.S.C. Sec. 227 et seq. (“TCPA” or “Act”) is whether an insurance policy provides coverage of the allegations set forth in the Complaint.  In a recent decision by the Missouri Supreme Court in Columbia Casualty Company v. Hiar Holding, L.L.C., SC 93026, the Court sent a loud warning to insurance companies to carefully undertake the determination of whether to provide defense and coverage in TCPA litigation, affirming the trial court’s determination that Columbia Casualty Company (“Columbia”) must indemnify Hiar Holdings, L.L.C. (“Hiar”)  for the entire $5 million settlement, $3 million beyond the policy coverage limits.

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