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SULLIVAN COUNTY, TENN. v. HOME INDEM. CO.

No. 90-5375.

925 F.2d 152 (1991)

SULLIVAN COUNTY, TENNESSEE, Plaintiff-Appellee, v. The HOME INDEMNITY COMPANY, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided February 4, 1991.

Attorney(s) appearing for the Case

David W. Blankenship (argued), Kingsport, Tenn., for plaintiff-appellee.

Nathaniel R. Coleman, Jr., Gene P. Gaby (argued), Milligan, Coleman, Fletcher, Gaber & Kilday, Greenville, Tenn., for defendant-appellant.

Before NELSON, Circuit Judge, and PECK and LIVELY, Senior Circuit Judges.

DAVID A. NELSON, Circuit Judge.

The question presented in this diversity case is whether attorney fees allowed "as part of the costs" under 42 U.S.C. § 1988 were in fact "damages" within the meaning of the latter term as used in a certain insurance policy. The trial court answered yes; we think the correct answer is no.

I

Defendant-appellant Home Indemnity Co. issued an errors and omissions policy to plaintiff-appellee Sullivan County, Tennessee...

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