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ELAN PHARMACEUTICAL v. EMPLOYERS INS. OF WAUSAU

No. 96-9249.

144 F.3d 1372 (1998)

ELAN PHARMACEUTICAL RESEARCH CORPORATION, Plaintiff-Appellant, Cross-Appellee, v. EMPLOYERS INSURANCE OF WAUSAU, a Wisconsin corporation, Wausau Underwriters Insurance Company, a Wisconsin corporation, Defendants-Appellees, Cross Appellants.

United States Court of Appeals, Eleventh Circuit.

June 26, 1998.

Attorney(s) appearing for the Case

Frank W. Armstrong, Stewart, Melvin & Frost, LLP, Gainesville, GA, Morgan Chu, Gary N. Frischling, Thomas W. Johnson, Jr., Melissa R. Gleiberman, Irell & Manella, Los Angeles, CA, for Plaintiff-Appellant, Cross-Appellee.

Joe B. Sartain, Jr., Gainesville, GA, Terese S. Wallschlaeger, Patricia St. Peter, Zelle & Larson, LLP, Minneapolis, MN, for Defendants-Appellees, Cross-Appellants.

Before TJOFLAT, BIRCH and MARCUS, Circuit Judges.

BIRCH, Circuit Judge:

This diversity case requires us to determine the extent of an insurer's duty, under Georgia law, to defend a claim of patent infringement as an "advertising injury" covered in a pair of commercial liability insurance policies. The appeal also presents the questions of whether Georgia law permits an insured to recover litigation expenses incurred before tendering notice to the insurer and whether a parent...

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