Safeco Tells 11th Circ. Atty Fees Aren't Damages

Law360 (May 3, 2021, 8:06 PM EDT) -- Safeco Insurance wants the Eleventh Circuit to affirm a lower court ruling that another insurer is time-barred from seeking attorney fees on a $1.6 million judgment stemming from a fatal motorcycle accident.

Safeco Insurance of Illinois and Safeco Insurance Co. of America said in a brief filed Monday that Endurance American Specialty Insurance Co. waited eight months too long to request attorney fees. 

Endurance should have either sought attorney fees within 14 days of the judgment as the prevailing party or presented evidence at trial to claim them as damages, Safeco argued. Because it did neither, Endurance isn't entitled to anything,...

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