Legal Opinion

Carolina Casualty Insurance v. Bolling Walter & Gawthrop

Court of Appeals for the Ninth Circuit

Decided May 22, 2007No. 05-16193Published

1Opinion of the Court

MEMORANDUM *

The law firm Bolling Walter & Gawthrop and Theodore D. Bolling, Jr. (“Appellants”) appeal the district court’s grant of summary judgment to the Carolina Casualty Insurance Company (“Carolina”) in Carolina’s declaratory judgment action. We affirm. Because the facts are known to the parties, we do not review them here.

We reject Appellants’ argument that this controversy is not ripe. Whether Carolina has the right to control the defense of a pending legal malpractice claim against Appellants that Appellants contend is covered by their insurance policy is “a real and substantial…

2Cases cited5 opinions

  1. Aetna Life Insurance v. HaworthSupreme Court of the United States · 1937
  2. Brillhart v. Excess Insurance Co. of AmericaSupreme Court of the United States · 1942
  3. 98 Cal. Daily Op. Serv. 291, 98 Daily Journal D.A.R. 398 Government Employees Insurance Company v. Alexander Dizol, Special Administrator of the Estate of Kevin Tate Dizol, DeceasedCourt of Appeals for the Ninth Circuit · 1998
  4. Larry L. Hillblom Jose Lifoifoi v. United States of America Commonwealth of the Northern Mariana IslandsCourt of Appeals for the Ninth Circuit · 1990
  5. Estate of BodgerCalifornia Court of Appeal · 1954

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