Legal Opinion
Potomac Residence Club v. Western World Insurance
District of Columbia Court of Appeals
Decided January 8, 1998No. 95-CV-1266, 95-CV-1268PublishedCited by 4 opinions
1Opinion of the Court
SCHWELB, Associate Judge:
The principal question presented in this appeal is whether an insured is entitled to recover its counsel fees in a successful action for a declaratory judgment in which the insured has established that its liability insurer wrongfully refused to defend it in a tort action brought against the insured by third parties. The question is one of first impression in this jurisdiction. We answer it in the affirmative.
I
THE FACTS
A. The insurance policy.
Potomac Residence Club operates several mental health programs in the District of Columbia. Woodley Housing Corporation, a…
2Cases cited66 opinions
- Hensley v. EckerhartSupreme Court of the United States · 1983
- Blum v. StensonSupreme Court of the United States · 1984
- Alyeska Pipeline Service Co. v. Wilderness SocietySupreme Court of the United States · 1975
- M. A. P. v. RyanDistrict of Columbia Court of Appeals · 1971
- Armour & Co. v. WantockSupreme Court of the United States · 1944
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3Cited by4 opinions
- ACMAT Corp. v. Greater New York Mutual InsuranceSupreme Court of Connecticut · 2007
- Public Entity Pool for Liability v. ScoreSouth Dakota Supreme Court · 2003
- Harris v. Howard University, Inc.District Court, District of Columbia · 1999
- Public Entity Pool for Liability v. ScoreSouth Dakota Supreme Court · 2003