Allstate Insurance v. Stanley

ORDER

MERRYDAY, District Judge.

The defendants counterclaim for a declaratory judgment that certain Allstate Insurance Company (“Allstate”) policies provide coverage for the defendants’ claims of emotional distress in underlying state court actions by the defendants against several of Allstate’s insureds (Doc. 3). Allstate moves to dismiss the counterclaim and argues that section 627.4136(1), Florida Statutes, bars the counterclaim (Doc. II). 1 The defendants oppose the motion and argue that section 627.4136(1) is procedural and thus inapplicable in a federal action founded on diversity…