Selective Insurance v. Phusion Projects, Inc.

MEMORANDUM OPINION AND ORDER

ELAINE E. BUCKLO, District Judge.

This is a declaratory action in which plaintiff seeks to establish the parties’ rights and obligations pursuant to a general liability insurance agreement that plaintiff issued to the corporate defendants (“Phusion”). Now before me is defendants’ motion to dismiss, which asserts that there exists no “actual controversy” within the meaning of the Declaratory Judgment Act, 28 U.S.C. § 2201. For the reasons that follow, I grant the motion.

I

Plaintiffs five-count complaint for declaratory judgment seeks specific rulings that plaintiff is…