McCOSTIS v. HOME INS. CO. OF INDIANA

No. 1517, Docket 93-9283.

31 F.3d 110 (1994)

Richard M. McCOSTIS, Esq., Plaintiff-Appellant, v. HOME INSURANCE COMPANY OF INDIANA, Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided August 8, 1994.


Attorney(s) appearing for the Case

Michael F. Fitzgerald, New York City (Richard M. McCostis, pro se, on the brief), for plaintiff-appellant.

Evan H. Krinick, Uniondale, NY (Merril Schapiro Biscone, Rivkin, Radler & Kremer), for defendant-appellee.

Before: PRATT and WALKER, Circuit Judges, and MOTLEY, District Judge.


WALKER, Circuit Judge:

Plaintiff Richard M. McCostis brought this action seeking a declaratory judgment that his insurer, defendant Home Insurance Company of Indiana ("Home Insurance"), had a duty to defend McCostis, an attorney, in a suit arising from McCostis's allegedly fraudulent overbilling of a client. The United States District Court for the Southern District of New York (Loretta A. Preska, Judge) denied McCostis's motion for summary judgment, and, following...

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