Minnesota Lawyer
(1)Where a plaintiff that brought an action for statutory damages against a company that sent junk faxes sought to bring counterclaims in the defendant’s declaratory judgment action against its insurer, the district court did not err in finding that the plaintiff in the underlying action lacked standing to sue the insurer about the meaning of the policies because the plaintiff had not obtained a judgment against the defendant in the underlying action.
(2)Where an insurer argued that it did not have the duty to indemnify its insured for a junk fax lawsuit brought against the insured, summary judgment for the insurer is affirmed because the insurer did not waive its ability to enforce the deductible endorsements, and the plaintiff in the underlying junk fax case did not raise a genuine issue of material fact about whether any class members received more than one fax in a policy year. Judgment is affirmed.
14-2587 Western Heritage Insurance Company v. Asphalt Wizards, appealed from the Western District of Missouri, Gruender, J.
