Allstate Insurance Co. v. Firemen's Insurance Co.

OPINION

COMPTON, Justice.

This appeal is taken from an order of dismissal in'a declaratory judgment action filed by the plaintiff for a declaration of non-liability under a policy of insurance. For clarity, there is a prior action or proceeding now pending in the State of'California wherein the plaintiff is seeking an adjudication of the identical issue he seeks to have determined in the present proceeding.

The sole question is whether the trial court has discretion to determine whether it will accept or decline jurisdiction in a suit seeking a declaratory judgment. The issue arises from the…