Government Employees Insurance v. Keystone Insurance

MEMORANDUM AND ORDER

BRODERICK, District Judge.

This is a declaratory judgment action instituted by the plaintiff insurance company for a determination that the automobile liability insurance policy which it issued to defendant Donohue is not the primary source of uninsured motorist recovery and that Donohue cannot “stack” uninsured motorist claims. It comes before the Court on motion of defendant Donohue to dismiss the action, pursuant to Rule 12(b) of the Federal Rules of Civil Procedure, on the ground that plaintiff fails to state a claim upon which relief can be granted. 1

The instant action…