Everest National Insurance Co. v. Megasand Enterprises, Inc.

Court: SD Tx  02/05/2021  Judge Hanen Denies Motion to Dismiss in Duty to Defend Dispute

The court determined that, under Rule 12(b)(7), the underlying claimants were not indispensable parties and, in any event, had already agreed to be bound by any judgment of the court pertaining to the coverage dispute.

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indispensable partiesunderlying claimantsduty to defenddiversity jurisdictionduty to indemnifycommercial general liability insurance policymotion to dismissRule 12(b)(7)

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