Insurer Needn't Cover Pre-Tender Defense Costs: 11th Circ.

Law360, Los Angeles (January 9, 2017, 10:38 PM EST) -- The Eleventh Circuit ruled Monday that Travelers Property Casualty Co. doesn't have to cover defense costs that an online custom embroidery company incurred in an underlying copyright infringement suit prior to notifying the insurer, finding that Travelers did not violate Florida's Claims Administration Statute.

In a published opinion, a panel of the appellate court held that Travelers was not precluded from denying coverage for EmbroidMe's pre-tender defense costs on account of its failure to communicate that argument to the embroidery company within the CAS-required 30 days. That's because Travelers relied on a policy exclusion barring EmbroidMe from obtaining reimbursement of any...

Stay ahead of the curve

In the legal profession, information is the key to success. You have to know what’s happening with clients, competitors, practice areas, and industries. Law360 provides the intelligence you need to remain an expert and beat the competition.


  • Access to case data within articles (numbers, filings, courts, nature of suit, and more.)
  • Access to attached documents such as briefs, petitions, complaints, decisions, motions, etc.
  • Create custom alerts for specific article and case topics and so much more!

TRY LAW360 FREE FOR SEVEN DAYS

Attached Documents

Related Sections

Case Information

Case Title

Subscribers Only

Case Number

Subscribers Only

Court

Subscribers Only

Nature of Suit

Subscribers Only

Judge

Subscribers Only

Date Filed

Subscribers Only

Law Firms

Companies

Hello! I'm Law360's automated support bot.

How can I help you today?

For example, you can type:
  • I forgot my password
  • I took a free trial but didn't get a verification email
  • How do I sign up for a newsletter?
Beta
Ask a question!