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Case Law Update: Insurance Indemnification

Westport Insurance Corp. v. Jackson National Insurance Co., No. 2-07-1205 (12-19-08), found that an insurer was entitled to declaratory judgment that professional liability policy of insurance agency did not require it to indemnify agency from liability arising from transmission of unsolicited faxes; because advertising did not amount to rendering service as an insurance professional within the contemplation of the policy. This case will have an effect on professional malpractice cases.