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Continental Insurance Company v. United

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eBook details

  • Title: Continental Insurance Company v. United
  • Author : Supreme Court of Alaska
  • Release Date : January 04, 1976
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 70 KB

Description

This appeal questions the award of attorneys fees in a declaratory judgment action between two insurers, United States Fidelity and Guaranty Co. and Continental Insurance Co. The substantive issues at the core of that action concerned which insurer had liability for costs of defense and actual recovery in wrongful death suits. Continental had tendered the defense to Fidelity. Upon Fidelitys refusal of the tender of defense, Continental settled the wrongful death actions by paying $250,000 on behalf of its insured. Continental sought recovery of $250,000 plus the costs of defense from Fidelity. These issues were answered in Continental Insurance Co. v. United States Fidelity and Guaranty Co., 528 P.2d 430 (Alaska 1974), where we held that while Fidelity was not liable to indemnify Continental in the wrongful death actions, it did owe a duty to defend. We stated:


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