Stout v. Grain Dealers Mutual Insurance Company

PREYER, District Judge.

Plaintiff seeks a declaratory judgment adjudicating that the defendant is liable under a comprehensive dwelling policy is sued to the plaintiff by the defendant for the defense of the named insured and the payment of any recovery secured against the insured by Pota Dargenes, administratrix of the estate of James Athanasiou, deceased, arising out of the shooting and killing of James Athanasiou by Garland P. Stout, the insured and plaintiff in this action. Defendant contends that the relief asked for should be denied on the grounds of plaintiff’s failure to give timely…