Covert v. Aetna Casualty & Surety Co.

MADDOX, Justice.

The issue in this appeal is whether the trial court erred in taxing one-half (½) of a guardian ad litem’s fees against the defendants, which included two minors for whose benefit the guardian ad litem was appointed. The issue grows out of a dispute over “excess” coverage in an insurance policy issued by The Aetna Casualty and Surety Company (hereinafter “Aetna”) to the tort-feasor.

FACTS

On October 18, 1986, an automobile driven by Darlene S. Covert collided with a van driven by Audie R. Smith in Mobile, Alabama.1 As a consequence of that automobile collision, Darlene Covert was…