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The pre-emptive right is triggered when the underlying act is discovered, which in this case was no later than March 10, 2001. Travelers had one year from that date to file suit. Because the complaint was not filed until April 2003, the district court properly dismissed Travelers' complaint for being outside of that statutory window.
April 18, 2005 at 12:00 AM
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The original version of this story was published on Texas Lawyer
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