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Atlantic Casualty Insurance Co. v. Taylormade Heat & Air, LLC

Court: ND Tx  02/11/2020  District Court Dismisses Insurer's Declaratory Judgment Action for Lack of Subject Matter Jurisdiction

The court found that the insurer's action was not ripe because no lawsuit had been filed against its insured, and, therefore, the duty to defend was not justiciable. The court also found that no potential lawsuit had reached judgment or settlement, so a determination of the duty to indemnify also was premature.

commercial general liability insurance policy, duty to defend, motion to dismiss, Federal Rule of Civil Procedure 12(b)(1), FRCP 12(b)(1), subject matter jurisdiction, classification description, ripeness

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