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Twin City Fire Insurance Co. v. Carpenter

Court: ND Tx  07/26/2021  Court Grants Motion to Dismiss Insurer's Stowers Declaratory Judgment Action

After claimant was granted turnover order on judgment against insureds under a liability policy to pursue its Stowers claims against insurer, the insurer filed a declaratory judgment action in federal district court seeking a judgment that a portion of the judgment was not covered under the policy, but the court granted the claimant's motion to dismiss, finding the Fifth Circuit's "Trejo factors" all supported dismissal so the claimant could pursue its Stowers tort claims in state court.

commercial general liability policy, Stowers, turnover order, motion to dismiss, Trejo factors, federalism, fairness, efficiency, tort claims, state court

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