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KUNKEL v. CONTINENTAL CAS. CO.

No. 86-1662.

866 F.2d 1269 (1989)

Elmer M. KUNKEL, William H. Dennler, John D. Lockton, Ted B. Westfall and William D. Robertson, Plaintiffs-Appellees, v. CONTINENTAL CASUALTY COMPANY, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

January 30, 1989.

Attorney(s) appearing for the Case

Peter Van N. Lockwood, of Caplin & Drysdale, Chartered, Washington, D.C. (Joseph R. Roberts, of Rhodes, Hieronymus, Jones, Tucker & Gable, William H. Hinkle, of Doerner, Stuart, Saunders, Daniel & Anderson, Tulsa, Okl., William A. Wineberg, of Broad, Schulz, Larson & Wineberg, San Francisco, Cal., and Elihu Inselbuch, New York City, with him on the brief), for plaintiffs-appellees.

D. Kendall Griffith (Thomas M. Hamilton, David H. Levitt and Joshua G. Vincent with him on the brief), of Hinshaw, Culbertson, Moelmann, Hoban & Fuller, Chicago, Ill., for defendant-appellant.

Before ANDERSON and BALDOCK, Circuit Judges and PARKER, District Judge.

BALDOCK, Circuit Judge.

The question presented in this case is whether the district court properly exercised jurisdiction under the Declaratory Judgment Act, 28 U.S.C. § 2201, in an accountant's suit seeking a declaration as to the amount of coverage provided by his malpractice insurance policy, where the existence of coverage remains dependent upon (1) the outcome of a collateral action charging the accountant with securities law violations and (2) a determination...

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