Insurance Co. of North America v. Langan Construction Co.

DANIEL HOLCOMBE THOMAS, Chief Judge.

This matter comes on to be heard on defendant’s motion to dismiss filed on April 9, 1971, and taken under submission by the Court after oral argument on April 29, 1971.

The plaintiff seeks a declaratory judgment on a marine insurance policy and an injunction prohibiting defendant from filing suit elsewhere. The defendant contends that since neither a declaratory judgment nor an injunction is an available remedy in Admiralty, plaintiff has not stated a claim upon which relief may be granted.

A suit on a marine insurance policy is unquestionably an Admiralty…