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J.A16015/10 2010 PA Super 155 TELECOMMUNICATIONS NETWORK DESIGN AND PARADISE DISTRIBUTING, INC. : : IN THE SUPERIOR COURT OF PENNSYLVANIA

: Appellant : : v. : : THE BRETHREN MUTUAL INSURANCE : COMPANY, : Appellee :

No. 1307 EDA 2009

Appeal from the Order of May 10, 2007, In the Court of Common Pleas of Philadelphia County Civil Division at No(s): January Term, 2006, No. 03503 BEFORE: ALLEN, LAZARUS, and FREEDBERG*, JJ. OPINION BY FREEDBERG, J.: Filed: August 23, 2010

Appellants, Telecommunication Network Design ("TND") and Paradise Distributing, Inc. ("Paradise"), appeal from the May 10, 2007 Order of the Court of Common Pleas of Philadelphia County which, in this declaratory judgment action, held that Appellee Brethren Mutual Insurance Company ("Brethren") had no duty to defend Paradise under certain provisions of two insurance policies. For the reasons discussed below, we affirm. The relevant facts of this case are taken from the trial court's May 10, 2007 decision. background. The parties do not dispute the underlying factual

Appellant Paradise Distributing Inc. ("Paradise") was an office

*

Retired Senior Judge assigned to the Superior Court.

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supply company, which supplied, among others products, fax machine paper, toner, and supplies. Paradise was insured under two successive

Business Owners' Liability Coverage insurance polices issued by Appellee Brethren Mutual Insurance Company ("Brethren"). The policies covered the periods from July 8, 2001 through July 8, 2002, and July 8, 2002, through July 8, 2003. During that period, Paradise transmitted over one million Appellant Telecommunications Network

unsolicited advertising faxes.

Design, Inc. ("TND") was the recipient of one of those faxes. In May 2003, TND filed a class action suit, ("the underlying action"), in the Circuit Court of Cook County Illinois, Chancery Division, under a federal statute, the Telephone Consumer Protection Act ("TCPA"), 47 U.S.C.

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