Allstate Insurance v. Harris Ex Rel. Harris

MEMORANDUM OF OPINION

RENFREW, District Judge.

In these cross motions for summary judgment, each party seeks a final judgment declaring whether or not plaintiff Allstate Insurance Company (“Allstate”) is obligated to defend or to pay any damages that may be awarded in a tort action presently pending in a California state court. The issues of insurance coverage raised by the parties are fairly straightforward. The more difficult question is whether the Court should exercise its discretion to issue a declaratory judgment in this diversity action at all. After careful consideration of the relevant…