Illinois Appellate Court

INSURANCE - An Illinois appeals court revived a class action asking the court to declare that insurance companies have a duty to defend consumers in their lawsuits over junk faxes. A tort-claimant need not claim that an insured tortfeasor or an insurer has filed a declaratory judgment action. Thus, a tort claimant may plead such an action to determine the scope of coverage under the insurance policy. See ruling.

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