POTOMAC RES. CLUB v. WESTERN WORLD INS.

Nos. 95-CV-1266, 95-CV-1268.

711 A.2d 1228 (1997)

POTOMAC RESIDENCE CLUB and Woodley Housing Corporation, Appellants, v. WESTERN WORLD INSURANCE COMPANY, Appellee. WESTERN WORLD INSURANCE COMPANY, Appellant, v. POTOMAC RESIDENCE CLUB and Woodley Housing Corporation, Appellees.

District of Columbia Court of Appeals.

Decided December 4, 1997.

Amended January 8, 1998.


Attorney(s) appearing for the Case

John L. Moore, Jr., with whom Stephen R. Mysliwiec and James P. Rathvon, Washington, DC, were on the brief, for appellants in No. 95-CV-1266 and appellees in No. 95-CV-1268.

David F. Grimaldi, Washington, DC, for appellee in No. 95-CV-1266 and appellant in No. 95-CV-1268.

Before SCHWELB, KING, and RUIZ, Associate Judges.


SCHWELB, Associate Judge:

The principal question presented in this appeal is whether an insured is entitled to recover its counsel fees in a successful action for a declaratory judgment in which the insured has established that its liability insurer wrongfully refused to defend it in a tort action brought against the insured by third parties. The question is one of first impression in this jurisdiction. We answer it in the affirmative.

I.

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