Clark v. Exchange Insurance Association

HARWOOD, Justice.

Counsel for the respective litigants agree and we concur, that the sole question raised by this appeal is whether an insured is entitled to recover attorney fees incurred in a declaratory judgment proceeding brought by the insurer in an effort to relieve itself of liability under an automobile liability insurance policy issued by the insurer, the issues in such proceeding having been determined adversely to the contentions of the insurer.

The lower court denied the respondent’s (insured’s) claim for reimbursement for such fee in the declaratory judgment action, hence this…