HESS OIL V.I. CORP. v. FIREMEN'S FUND INS. CO.

Civ. Nos. 1985/139, 1985/114.

626 F.Supp. 882 (1986)

HESS OIL VIRGIN ISLANDS CORP. and Royal Insurance Int., Ltd., Plaintiffs, v. FIREMEN'S FUND INSURANCE COMPANY and Communications Systems & Maintenance Corporation, Defendants. COMMUNICATIONS SYSTEMS & MAINTENANCE CORPORATION and Firemen's Fund Insurance Company, Plaintiffs, v. HESS OIL VIRGIN ISLANDS CORP., Defendant.

District Court, Virgin Islands, St. Croix.

January 2, 1986.


Attorney(s) appearing for the Case

Britain H. Bryant, St. Croix, Virgin Islands, for Hess Oil Virgin Islands Corp. and Royal Ins. Int., Ltd.

Wilfredo Geigel, St. Croix, Virgin Islands, for Firemen's Fund Ins. Co. and Communications Systems & Maintenance Corp.


MEMORANDUM OPINION

DAVID V. O'BRIEN, District Judge.

This case demonstrates the risks an insurance company undertakes when it withdraws from the defense of an insured on the eve of trial, leaving that insured to its own devices. We uphold in this case the insured's own actions taken in protection of its interests after the abandonment by the insurance carrier. Partial summary judgment will be granted to Hess Oil Virgin Islands Corp. and Royal Insurance Int...

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