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CONTINENTAL INS. COMPANY v. U.S. FID. & GUAR. CO.

No. 2547.

552 P.2d 1122 (1976)

CONTINENTAL INSURANCE COMPANY, Appellant, v. UNITED STATES FIDELITY AND GUARANTY COMPANY, Appellees.

Supreme Court of Alaska.

August 4, 1976.

Attorney(s) appearing for the Case

Kenneth P. Jacobus, Hughes, Thorsness, Lowe, Gantz & Powell, Anchorage, for appellant.

Roger E. Henderson, Houston & Lytle, Anchorage, for appellee.

Before BOOCHEVER, C.J., and RABINOWITZ, CONNOR, and BURKE, JJ., and DIMOND, J. Pro Tem.

OPINION

RABINOWITZ, Justice.

This appeal questions the award of attorney's fees in a declaratory judgment action between two insurers, United States Fidelity and Guaranty Co. and Continental Insurance Co. The substantive issues at the core of that action concerned which insurer had liability for costs of defense and actual recovery in wrongful death suits. Continental had tendered the defense to Fidelity. Upon Fidelity's refusal of the tender of defense...

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