Allstate Insurance v. M.H.

MEMORANDUM OPINION

SCOTT, District Judge.

This action is brought for declaratory relief pursuant to Title 28 U.S.C. § 2201(a). By prior order, the Court has determined that Allstate’s Homeowner Policy excluded coverage for the liability claim filed against A.H. The sole remaining issue is whether Allstate has waived its right to assert this exclusion as a coverage defense. Under the facts presented, we conclude that Allstate has not waived its right to assert this defense.

FACTUAL BACKGROUND

The relevant facts are not in dispute. On April 15, 1987, M.H., a minor child, and A.H., his/her mother,…