Travelers Can't Skirt Pre-Tender Defense Costs, 11th Circ. Told

Law360, Miami (April 15, 2015, 3:45 PM EDT) -- An online custom embroidery company asked the Eleventh Circuit to force Travelers Property Casualty Co. to cover defense costs incurred before the company notified the insurer of an underlying infringement suit, arguing Wednesday that Travelers violated Florida's Claims Administration Statute and must provide full coverage.

Alan Rose of Mrachek Fitzgerald Rose Konopka Thomas & Weiss PA told the Eleventh Circuit panel in Miami that Travelers could not deny coverage based on its argument that EmbroidMe had failed to provide timely notice, saying the insurer did not communicate this argument to the company within the CAS-required 30 days.

The insurer said that...

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