Continental Insurance Co. v. United States Fidelity & Guaranty Co.

OPINION

Before BOOCHEVER, C. J., and RABINOWITZ, CONNOR, and BURKE, JJ., and DIMOND, J. Pro Tern. RABINOWITZ, Justice.

This appeal questions the award of attorney’s fees in a declaratory judgment action between two insurers, United States Fidelity and Guaranty Co. and Continental Insurance Co. The substantive issues at the core of that action concerned which insurer had liability for costs of defense and actual recovery in wrongful death suits. Continental had tendered the defense to Fidelity. Upon Fidelity’s refusal of the tender of defense, Continental settled the wrongful death actions by…