FEDERAL DEPOSIT INS. CORP. v. MMAHAT

No. 89-3160.

907 F.2d 546 (1990)

FEDERAL DEPOSIT INSURANCE CORPORATION, as Manager of the FSLIC Resolution Fund, (substituted for Federal Savings and Loan Insurance Corporation, etc.,) Plaintiff-Appellee, v. John A. MMAHAT and Mmahat & Duffy, Defendants-Appellants. FEDERAL DEPOSIT INSURANCE CORPORATION, as Manager of the FSLIC Resolution Fund, (substituted for Federal Savings and Loan Insurance Corporation, etc.,) Plaintiff-Appellant, Cross-Appellee, v. NEW ENGLAND INSURANCE CO., Defendant-Appellee, Cross-Appellant.

United States Court of Appeals, Fifth Circuit.

August 3, 1990.


Attorney(s) appearing for the Case

Richard T. Simmons, Jr., William R. Seay, Jr., Hailey, McNamara, Hall, Larmann & Apale, Metairie, La., for Mmahat Groups.

John A. Mmahat, Mmahat & Associates, Ltd., Metairie, La., pro se.

James C. Gulotta, Jr., Phillip A. Wittman, Stone, Pigman, Walther, Wittman & Hutchinson, New Orleans, La., for FSLIC.

James P. Murphy, Paul E. Guterman, Squire, Sanders & Dempsey, Harry Quillian, Gen. Counsel, Federal Home Loan Bank Bd., Washington, D.C., for plaintiff-appellee.

Domald A. Hammet, John V. Baus, Jr., Metairie, La., for New England Ins.

Thomas S. Rees, Trial Atty., Jeffrey Axelrad, Director, Jerome A. Madden, Sr., Trial Atty., Torts Branch, Civ. Div., Dept. of Justice, Eugene J. Comey, Robert F. Schiff, Tuttle & Taylor, Washington, D.C., for FDIC.

Before GARZA, SMITH and BARKSDALE, Circuit Judges.


GARZA, Circuit Judge:

General counsel for a now-defunct savings and loan, and his law firm, were found liable for legal malpractice through a jury verdict for $35 million. The district court held that their conduct was excluded from their malpractice insurance coverage. 97 B.R. 293. Because the law firm was adjudged dishonest by the jury, we AFFIRM the exclusion from coverage, but we REMAND this cause to the district court to give credit...

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