Legal Opinion

Modern Equipment Co. v. Continental Western Insurance

District Court, S.D. Iowa

Decided June 12, 2001No. 1:01-cv-90005PublishedCited by 1 opinion

1Opinion of the Court

MEMORANDUM OPINION AND ORDER

PRATT, District Judge.

This action is before the Court on Defendant’s Motion to Dismiss or, in the Alternative, Motion for Stay of Proceedings. Plaintiff brings this action to obtain a declaratory judgment regarding a coverage dispute over certain insurance policies issued to it by Defendant. Defendant seeks to dismiss the action on the grounds that Plaintiff fails to allege an actual controversy and fails to satisfy the requisite amount in controversy, because the underlying action over which the coverage dispute arose is still pending. In the alternative,…

2Cases cited25 opinions

  1. Hunt v. Washington State Apple Advertising CommissionSupreme Court of the United States · 1977
  2. Aetna Life Insurance v. HaworthSupreme Court of the United States · 1937
  3. Cruz v. BetoSupreme Court of the United States · 1972
  4. Maryland Casualty Co. v. Pacific Coal & Oil Co.Supreme Court of the United States · 1941
  5. Skelly Oil Co. v. Phillips Petroleum Co.Supreme Court of the United States · 1950

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3Cited by1 opinion

  1. Federal Insurance v. Sammons Financial Group, Inc.District Court, S.D. Iowa · 2009

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