AXA Re Property & Casualty Insurance v. Day

PER CURIAM: **

Dustin L. Day challenges the district court’s refusal to abstain from adjudicating this declaratory judgment action filed by AXA Re Property & Casualty Insurance Company. Prior to its being filed, Day had filed suit in Louisiana state court against the Estate of Gary Kinchen; Kinchen, a Mississippi resident, had been insured by AXA. In the alternative, Day contests the summary judgment awarded AXA under Mississippi law. Day maintains the term at issue in the AXA policy (“use”) is ambiguous and, therefore, should be construed to provide coverage. AFFIRMED.

I

The facts are not in…