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

)
)
)
)
)
)
)
)
)
)

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