Ocean Accident & Guarantee Corp. v. Heald

KIRKPATRICK, District Judge.

The liability insurer denied liability upon the policy and filed a bill in equity for a declaratory judgment praying “that the Court enter a declaratory judgment * * declaring the rights, liabilities, and' legal relations of the parties hereto under the aforesaid policy of insurance.” The issue of fact involved was tried to a jury, the verdict was against the plaintiff, and judgment was entered April 25, 1939.

The defendant (insured) attempted to tax, as costs, an attorney fee for the services of his attorney in the declaratory judgment suit. The clerk disallowed…