Maloney v. Avemco Insurance Co.

We reverse, in part, an order awarding attorney’s fees in favor of Piper Acceptance Corporation and Avemco Insurance Company against H.T. Maloney.

Maloney represented Michael Tobin, the attorney for the plaintiff in the underlying trial court case, Plane Adds. Plane Adds recovered a judgment against Avemco, and Tobin withdrew a portion of funds that had been deposited by Avemco in the court registry. The funds were subsequently found to be due Piper, an intervenor, as a loss payee under the Avemco policy. To-bin failed to return the funds when ordered, asserting that he had turned the funds…