National Indemnity Company v. Harper

MEMORANDUM OPINION, FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECLARATORY JUDGMENT

BECKER, Chief Judge.

This is an action for declaratory judgment brought by an automobile liability insurer as plaintiff under Section 2201, Title 28, authorizing federal courts to render declaratory judgments in any cases of actual controversy (except with respect to federal taxes) within its jurisdiction. Jurisdiction exists because of diversity of citizenship and the presence of the jurisdictional amount in controversy. 1

There is and was at the time of filing this action an actual controversy between plaintiff…