McAlear v. Saint Paul Insurance Companies

In a declaratory judgment action involving an attorney’s professional liability insurance policy, the district court held the insurer liable for the cost of its insured’s defense against a third-party property damage action based upon a collision caused by the insured’s runaway airplane. From this final judgment, the insurer appeals.

The single controlling issue upon appeal is whether the insurer is liable for the costs of such defense incurred by its insured. The district court held the insurer liable. We reverse.

The facts in this case are uneontradicted as the case was submitted on the basis…