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FIDELITY AND CASUALTY COMPANY OF NEW YORK v. RILEY

No. 23857.

380 F.2d 153 (1967)

The FIDELITY AND CASUALTY COMPANY OF NEW YORK, Appellant, v. Dr. Wells RILEY and Mrs. Mildred Lillibridge, Appellee. Dr. Wells RILEY, Appellant, v. The FIDELITY AND CASUALTY COMPANY OF NEW YORK, Appellee.

United States Court of Appeals Fifth Circuit.

Rehearing Denied August 4, 1967.

Attorney(s) appearing for the Case

Hamilton Lokey, Atlanta, Ga., Gerald F. Handley, R. Lamar Brannon, Atlanta, Ga., for appellant, Fidelity & Casualty Co. of New York.

Sam F. Lowe, Jr., Smith, Cohen, Ringel, Kohler, Martin & Lowe, Atlanta, Ga., for Dr. Riley.

Mildred Lillibridge, pro se.

Before BROWN and BELL, Circuit Judges, and BREWSTER, District Judge.

GRIFFIN B. BELL, Circuit Judge:

This appeal is from a declaratory judgment entered for Dr. Riley, the defendant in a suit brought by the insurance company to settle coverage under a malpractice endorsement to a public liability insurance policy. Subsequent to the filing of the declaratory judgment action, Dr. Riley prevailed in the three suits which had been brought against him by a former patient and her husband. This obviated all questions except his claim for attorneys...

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