Not Just Yet, Again...Class Action Plaintiff Fails In Second Bid To Access A TCPA Defendant's Insurance Coverage

On October 7, 2013, a Missouri federal court judge held that a class action plaintiff that alleged violations of the Telephone Consumer Protection Act (TCPA) lacked standing to seek coverage under the defendant's insurance policies. Nationwide Mutual Insurance Company v. Harris Medical Associates, LLC, No. 4:13-CV-7 CAS, United States District Court, Eastern District of Missouri (October 7, 2013). The class action plaintiff, St. Louis Heart Center, Inc. (St. Louis Heart) filed a class action against Harris Medical Associates, LLC (Harris), based on Harris's alleged transmission of unsolicited faxes to St. Louis Heart. St. Louis Heart alleged TCPA violations and conversion under Missouri law. Prior to the resolution of that case, Nationwide Mutual Insurance Company, Nationwide Mutual Fire Insurance Company and Nationwide Property and Casualty Insurance Company (collectively, Nationwide) filed a declaratory judgment action against Harris, alleging that it had no duty to