NEW CASTLE, Pa. – An insurance company is suing a New Castle furniture company in an effort to not pay out a claim the business has levied against one of its clients.

Acuity filed a lawsuit Sept. 9 in the U.S. District Court for the Western District of Pennsylvania against National Flooring Distributors and Miller’s Furniture of Mercer Company, claiming that the insurance company is not required to pay for alleged actions by a client.

On or about Aug. 13, 2014, Miller’s Furniture filed a lawsuit against National Flooring, Acuity’s injured, alleging statutory damages for violations of the Telephone Consumer Protection Act, the court action claims.

The complaint lodged by Miller’s Furniture, according to Acuity, does not allege an ``occurrence,” as that term is defined by its policy, sufficient to trigger coverage under it. And the complaint does not allege ``personal and advertising injury,” as that terms is defined by the Acuity policy –  sufficient to trigger coverage under it.

Acuity is seeking to not have pay out coverage under the allegations raised by Miller’s Furniture against National Flooring.

Acuity is being represented by attorney Brigid Q. Alford of Marshall, Dennehey, Warner, Coleman & Goggin of Camp Hill.

U.S District Court for the Western District of Pennsylvania Case number 2:15-cv-01231-DSC.

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