Carolina Casualty Insurance v. Bolling Walter & Gawthrop

MEMORANDUM *

The law firm Bolling Walter & Gawthrop and Theodore D. Bolling, Jr. (“Appellants”) appeal the district court’s grant of summary judgment to the Carolina Casualty Insurance Company (“Carolina”) in Carolina’s declaratory judgment action. We affirm. Because the facts are known to the parties, we do not review them here.

We reject Appellants’ argument that this controversy is not ripe. Whether Carolina has the right to control the defense of a pending legal malpractice claim against Appellants that Appellants contend is covered by their insurance policy is “a real and substantial controversy admitting of specific relief through a decree of a conclusive character.” Hillblom v. United States, 896 F.2d 426, 430 (9th Cir.1990) (quoting Aetna Life Ins. Co. v. Haworth, 300 U.S. 227, 240-41 , 57 S.Ct. 461 , 81 L.Ed. 617 (1937)).

The district court did not abuse its discretion in holding that the Brillhart factors weighed in favor of entertaining Carolina’s first claim for declaratory relief. See Gov’t Employees Ins. Co. v. Dizol, 133 F.3d 1220, 1225-26 (1998) (en banc) (discussing Brillhart v. Excess Ins. Co. of Am., 316 U.S. 491 , 62 S.Ct. 1173 , 86 L.Ed. 1620 (1942) and its…