Nationwide Property & Casualty Insurance Co. v. Fraraccio

MEMORANDUM OPINION

T.S. Ellis, III; United States District Judge

This insurance coverage declaratory judgment action is unusual. The central *6issue presented is whether an insurer can deny coverage to an insured for causing the death of a child committed to the insured’s care on the basis of policy exclusions for intentional acts and physical abuse where, as here, the insured has pled guilty to felony child abuse and felony murder under Virginia law. But before this central issue can be addressed, it is necessary to resolve defendants’ motion to dismiss on the basis of abstention in favor of a…