Allstate Insurance v. Valdez

LEVIN, Chief Judge.

In this action for declaratory judgment instituted by Allstate Insurance Company requesting a determination as to its liability on a policy of insurance issued to defendant Valdez, this court held that Allstate was liable on the policy. 190 F.Supp. 893 (1961). However, in that decision, the court did not rule on the counterclaim by Valdez for attorney’s fees and expenses incurred in responding to the declaratory judgment action brought by Allstate.

Subsequently, Valdez filed a suit in the state court for attorney’s fees and expenses incurred in defending the declaratory…