Aetna Casualty & Surety Co. v. Sterner

MEMORANDUM AND ORDER

VAN ANTWERPEN, District Judge.

This is a declaratory judgment action arising out of defendant’s automobile accident with a third party. In the instant matter, defendant moves this court to dismiss plaintiff’s declaratory judgment action. For the reasons stated below, defendant’s motion will be granted. .

In February, 1988, while defendant John Sterner was acting within the scope of his employment, an underinsured motorist struck defendant’s vehicle. As a result of the collision, defendant suffered injuries for which he later received workmen’s compensation benefits. The…