Legal Opinion

Charles W. Battisti v. Continental Casualty Company

Court of Appeals for the Fifth Circuit

Decided March 10, 1969No. 26030PublishedCited by 25 opinions

1Opinion of the Court

DAWKINS, District Judge.

Presented here is a diversity case which was removed to the District Court for the Southern District of Florida. Appellant, a lawyer, seeks recovery from appellee, Continental Casualty Company (Continental), on a Lawyer’s Professional Liability Policy, alleging that Continental is liable for attorney’s fees incurred by reason of its refusal to defend Battisti in a civil action against him and others that he claims was insured by the policy.

The history of the State Court litigation from which this action for failure to defend arose is found in Staples v. Battisti,…

2Cases cited4 opinions

  1. Bennett v. Fidelity & Casualty Company of New YorkDistrict Court of Appeal of Florida · 1961
  2. St. Paul F. & M. Ins. Co. v. Icard, Merrill, Cullis & TimmDistrict Court of Appeal of Florida · 1967
  3. Consolidated Mutual Ins. Co. v. Ivy Liquors, Inc.District Court of Appeal of Florida · 1966
  4. Staples v. BattistiDistrict Court of Appeal of Florida · 1966

3Cited by25 opinions

  1. Jensen v. SnellingsCourt of Appeals for the Fifth Circuit · 1988
  2. John J. Donnelly v. Transportation Insurance Company, Continental Casualty CompanyCourt of Appeals for the Fourth Circuit · 1979
  3. Graham v. Milky Way Barge, Inc.Court of Appeals for the Fifth Circuit · 1987
  4. Federal Ins. Co. v. ApplesteinDistrict Court of Appeal of Florida · 1979
  5. Trizec Properties, Inc. v. Biltmore Construction Co.Court of Appeals for the Eleventh Circuit · 1985

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