Insurance Co. of Pennsylvania v. Amaral

NOEL, District Judge.

MEMORANDUM AND ORDER

This is an action, alleged to be upon an admiralty and maritime claim under Rule 9(h), Fed.R.Civ.P., for declaratory judgment pursuant to 28 U.S.C. section 2201 and Rule 57, Fed.R.Civ.P. Plaintiff has instituted this suit for the purpose of obtaining a determination from this court as to whether a constructive total loss of defendant’s shrimp trawler, Miss Heather, was covered by the terms of a marine hull insurance policy issued by plaintiff to defendant.

Defendant, maintaining that a declaratory judgment action cannot rest upon *46admiralty or maritime…