Thursday, October 26, 2023

Federal Court Punts On Declaratory Judgment Action Involving Insurance Coverage Questions

Ray Guy
Legendary Raiders Punter

In the case of Mesa Underwriters Spec. Ins. Co. v. Alisha Real Estate, LLC, No. 2:23-CV-01281-GJP (E.D. Pa. Sept. 7, 2023 Pappert, J.), the court granted a Defendant commercial property owner’s Motion to Dismiss or Stay the Carrier’s Federal Declaratory Judgment Action.

In this declaratory judgment action, the carrier was asserting that it had no duty to defend or indemnify a Defendant in the underlying state court personal injury action.

This federal court exercised its discretion under the Declaratory Judgment Act to decline jurisdiction where the relevant parties were all parties to the state court action and to litigate the coverage issues in the state Court of Common Pleas.

Anyone wishing to review a copy of this decision may click this LINK.  The Court's companion Order can be viewed HERE.

Source: “Digest of Recent Opinions.” Pennsylvania Law Weekly (Oct. 6, 2023).

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