Ronald Kelly v. Maxum Specialty Insurance Grou

OPINION

CHAGARES, Circuit Judge.

This case presents a situation familiar to our district courts. Two related lawsuits are pending — one each in state and federal court. The state action seeks to determine a defendant’s liability for an alleged harm, and the federal action seeks only a declaratory judgment on an insurer’s obligation to defend and indemnify the defendant. The District Court here exercised its discretion to abstain from entertaining the declaratory action under the Declaratory Judgment Act, 28 U.S.C. §§ 2201-02 (“DJA”), largely because it determined that the state court action…