West American Insurance v. Moonlight Design, Inc.

MEMORANDUM OPINION AND ORDER

MORAN, Senior District Judge.

Plaintiff was the insurer of defendant. It brought a declaratory action against defendant, disclaiming coverage or a duty to defend. It ultimately funded a settlement of the underlying lawsuit and the coverage dispute, in which it seeks recovery of the settlement amount, remains pending. We ruled, however, on January 31, 2000, that plaintiff did have a duty to defend. Defendant now seeks recovery of its attorneys’ fees in the underlying action and in this declaratory judgment action. Plaintiff as counterdefendant against the claim for…