ROBERT McMULLAN & SON v. U.S. FID. & GUAR. CO.

Docket No. 18647.

103 Cal.App.3d 198 (1980)

162 Cal. Rptr. 720

ROBERT McMULLAN & SON, INC., Plaintiff and Appellant, v. UNITED STATES FIDELITY AND GUARANTY COMPANY, Defendant and Respondent.

Court of Appeals of California, Fourth District, Division One.

February 21, 1980.


Attorney(s) appearing for the Case

COUNSEL

Hillyer & Irwin and Margaret Z. Johns for Plaintiff and Appellant.

Stephen R. Mulligan and Diana Myers for Defendant and Respondent.


OPINION

STANIFORTH, J.

The single issue presented by the Robert McMullan & Son, Inc.'s (McMullan's) appeal is the propriety of the trial court's refusal to award McMullan attorney fees in this declaratory relief action successfully brought by McMullan against its insurance carrier, United States Fidelity and Guaranty Company (Fidelity), a Maryland corporation, by reason of the insurer's wrongful withdrawal from the defense of...

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