First Financial Insurance v. Crossroads Lounge, Inc.

ORDER

CHAMBERS, District Judge.

Pending before the Court is Defendant Monroe Scarbro’s February 1, 2001 supplemented motion to dismiss. For the reasons discussed below, Defendant’s motion is DENIED WITHOUT PREJUDICE.

I. Statement of the Case

This case presents but a slight twist on an old, but common, theme: “An insurer, anticipating a coercive suit, sought a decía- ration in federal court of nonliability on an insurance policy.” Wilton v. Seven Falls Co., 515 U.S. 277, 282, 115 S.Ct. 2137, 132 L.Ed.2d 214 (1995) (describing district court case both in Wilton and in Brillhart v. Excess Ins. Co.,…