Scott v. Board of Trustees of the Mobile Steamship Ass'n-International Longshoremen's Ass'n Pension

TUTTLE, Senior Circuit Judge:

This is an appeal from the dismissal by the trial court, 815 F.2d 653, of an action for declaratory judgment brought by Scott against the appellees in the Alabama circuit court, later removed on diversity grounds to the United States district court.

Briefly stated, the issue before this Court arose from the provisions of an indemnity policy obtained by the Board of Trustees from Aetna Insurance Company. The coverage of the policy extends to the qualified dependents of the participants. Prior to a 1980 amendment, common law spouses were covered under the policy. In…