Recent Wins For Insurers In Notice Obligation Lawsuits

Law360, New York (November 16, 2012, 12:34 PM EST) -- On Oct. 22, 2012, the Eleventh Circuit, in State Farm Fire & Cas. Co. v. LeBlanc, No. 12-11637 (11th Cir. Oct. 22, 2012), applying Georgia law, affirmed summary judgment in favor of State Farm on late notice grounds, where notice was received four months after the insureds were sued for trademark infringement. The court reversed the grant of summary judgment as to new claims added in an amended complaint, however, because notice had been given promptly as to those claims.

The court found that the policy,...
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