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T-Mobile Prevails in Cell Phone Coverage Appeal to Ninth
Circuit Court of Appeals
September 14, 2004. GMT client T-Mobile, Inc. (formerly Voicestream)
today prevailed in its coverage lawsuit against several insurers for
the costs of defending certain underlying cases alleging cellular
injury from the use of cell phones. A three member panel of the United
States Court of Appeals for the Ninth Circuit unanimously reversed
the federal district court in Seattle. The trial court had held that
the lawsuits against T-Mobile, alleging damage to persons at the cellular
level, unambiguously did not constitute "bodily injury"
within the meaning of general liability policies.
Jim Murray and Christie Snyder represented T-Mobile and Powertel in
the trial and appellate courts. You can listen to Jim Murray's Ninth
Circuit argument here.
Go to the "Audio Files" link and enter the Number 35158.
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