Smith v. St. Paul Guardian Insurance

MEMORANDUM OPINION

H. FRANKLIN WATERS, Chief Judge.

I. Introduction

This is a declaratory judgment action arising under 28 U.S.C. § 2201 to determine the duty, if any, on the part of the defendant insurer to defend the plaintiff in an alienation of affections action currently pending in Baxter County Circuit Court. Jurisdiction and venue are properly in this court.

Defendant issued policies numbered 9LA6A2286 and 503XB3898 to the plaintiff, covering him for a blanket liability of $300,-000.00 and $1,000,000.00, respectively. It is admitted that the actions and conduct on the part of the plaintiff…