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Liberty Insurance Corp. v. Arch Insurance Co.

Court: ND Tx  06/08/2020  Motion to Dismiss Granted on Mirror-Image Declaratory Judgment Counterclaim

A court of the Northern District of Texas granted a business auto insurer's motion to dismiss a counterclaim filed by a second auto insurer, finding that the second insurer's declaratory judgment counterclaim was duplicative of the first insurer's claim.

commercial automobile liability policy, duty to defend, duty to indemnify, Federal Declaratory Judgment Act, 28, U.S.C. Sec. 2201, motion to dismiss, duplicative counterclaim, mirror-image rule

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