Berkley Nat’l Insurance Co. v. Orta-Gonzalez
A magistrate for the Western District of Texas denied an underlying defendant's motion to dismiss an insurer's declaratory judgment action in part, holding that the named insured was not an indispensable party where coverage was undisputed for the named insured and the duty to defend was ripe for adjudication, and granting the motion to dismiss in part with respect to lack of ripeness of the duty to indemnify.
automobile insurance policy, motion to dismiss, insufficient process and service, subject matter jurisdiction, failure to state a claim, ripeness, duty to defend, duty to indemnify
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