The Travelers Home and Marine Insurance Company v. Jones et al
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
CHARLES E. JONES; et al.,
CIVIL ACTION NO.
It is ORDERED as follows:
(1) Plaintiff Travelers Home and Marine Insurance
Company should file a brief addressing, first, whether
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
discretion under that statute to resolve a matter, 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
‘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
The plaintiff should file its brief
addressing these two concerns by May 6, 2013.
(2) The defendants are to file briefs by May 13,
DONE, this the 29th day of April, 2013.
/s/ Myron H. Thompson
UNITED STATES DISTRICT JUDGE
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