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PENZER v. TRANSPORTATION INS. CO.

No. 04-61243-CIV.

509 F.Supp.2d 1278 (2007)

Michael PENZER, Plaintiff v. TRANSPORTATION INSURANCE CO., Defendant v. Southeast Wireless, Inc., et al., Third-Party Defendants.

United States District Court, S.D. Florida, Miami Division.

July 16, 2007.

Attorney(s) appearing for the Case

Alexander N. Kapetan, Jr., Marc Aaron Wites, Wites & Kapetan, Lighthouse Point, FL, Douglas Scott Wilens, Paul Jeffrey Geller, Stuart Andrew Davidson, Coughlin Stoia Geller Rudman & Robbins LLP, Boca Raton, FL, for Plaintiff.

Laura Besvinick, Hogan & Hartson, Miami, FL, Arthur J. McColgan, II, Walker Wilcox Matousek LLP, Chicago, IL, for Defendant and Third-Party Defendants.

Ryan M. Henderson, Walker Wilcox Matousek LLP, Chicago, IL, William Halladay White, Jr., Bonner Kiernan Trebach & Crociata, Washington, DC, Alan Michael Burger, McDonald Hopkins LLC, Duncan J. Farmer, Burger Trailor & Farmer, West Palm Beach, FL, for Third-Party Defendants.

ORDER ON MOTIONS FOR SUMMARY JUDGMENT AS TO COVERAGE

ADALBERTO JORDAN, District Judge.

The coverage issue in this insurance dispute is whether, under Florida law, the transmission of unsolicited commercial advertisements by facsimile constitutes "oral or written publication of material that violates a person's right to privacy," within a commercial liability policy's coverage for "advertising injury," where...

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