The Travelers Home and Marine Insurance Company v. Jones et al
Filing
58
ORDER as follows: Plaintiff Travelers Home and Marine InsuranceCompany should file a brief addressing the two concerns in this order by May 6, 2013; The defendants are to file briefs by May 13, 2013. Signed by Honorable Judge Myron H. Thompson on 4/29/2013. (jg, )
IN THE DISTRICT COURT OF THE UNITED STATES FOR THE
MIDDLE DISTRICT OF ALABAMA, SOUTHERN DIVISION
THE TRAVELERS HOME AND,
MARINE INSURANCE COMPANY
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Plaintiff,
v.
CHARLES E. JONES; et al.,
Defendants.
CIVIL ACTION NO.
1:12cv307-MHT
(WO)
ORDER
It is ORDERED as follows:
(1) Plaintiff Travelers Home and Marine Insurance
Company should file a brief addressing, first, whether
the
company’s
remaining
no-duty-to-indemnify
claim
brought against the defendants remaining in this case
presents a “‘case’ or ‘controversy,’” Auto-Owners Ins.
Co. v. Toole, 947 F. Supp. 1557, 1565-66 (M.D. Ala. 1996)
(Thompson, J.); see also Nationwide Ins. v. Zavalis, 52
F.3d 689, 693 (7th Cir. 1995) (“the duty to indemnify is
not ripe for adjudication until the insured is in fact
held liable in the underlying lawsuit”); and, second,
whether, because this lawsuit has been brought under the
Declaratory
Judgment
Act
and
because
the
court
has
discretion under that statute to resolve a matter, the
court
should
exercise
its
discretion
to
resolve
the
plaintiff’s no-duty-to-indemnify claim even if the case
presents a case or controversy, see Wilton v. Seven Falls
Co., 515 U.S. 277, 288 (1995) (because there is “nothing
automatic
or
obligatory
about
the
assumption
of
‘jurisdiction’ by a federal court to hear a declaratory
judgment action,” a district court is authorized in the
sound exercise of its discretion to stay or dismiss an
action
seeking
a
(citation omitted).
declaratory
judgment
before
trial)
The plaintiff should file its brief
addressing these two concerns by May 6, 2013.
(2) The defendants are to file briefs by May 13,
2013.
DONE, this the 29th day of April, 2013.
/s/ Myron H. Thompson
UNITED STATES DISTRICT JUDGE
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