Allstate Ins. Co. v. Antoine

5 Citing cases

  1. Shea v. Nationwide Prop. & Cas. Ins. Co.

    Civil Ation 3:22-CV-00494 (M.D. Pa. Mar. 1, 2023)   Cited 1 times

    ” Burke-Dice v. Gov't Employees Ins. Cos., No. 17-CV-3198, 2017 WL 3485873, at *4 (E.D. Pa. Aug. 15, 2017) (quoting Allstate Ins. Co. v. Antoine, No. 11-CV-5830, 2012 WL 707069, at *3 (E.D. Pa. Mar. 6, 2012)); see also Frederick Mut. Ins. Co., 2018 WL 1399375, at *4 (noting that insurance issues governed by state law “[have] no special call on the federal forum”).

  2. Schwartz Law Firm, LLC v. Selective Ins. Co. of S.C.

    CIVIL ACTION NO. 20-06055 (E.D. Pa. Feb. 23, 2021)

    Plus, "by declining to exercise jurisdiction, 'this Court will leave the matter to be decided by a state court and avoid the potential for duplicative litigation,' as encouraged by [Reifer] factor six." Venezie Sporting Goods, LLC v. Allied Ins. Co. of Am., No. 20-cv-1066, 2020 WL 5651598, at *2 (W.D. Pa. Sept. 23, 2020) (quoting Allstate Ins. Co. v. Antoine, No. 11-cv-5830, 2012 WL 707069, at *5 (E.D. Pa. Mar. 6, 2012)). 4

  3. Allstate Fire & Cas. Ins. Co. v. Archer

    Civil Action No. 1:17-cv-331 Erie (W.D. Pa. Jun. 4, 2018)   Cited 5 times

    As a general matter, "[t]he public interest will not be better served by the federal court deciding the insurance coverage issue when the state court, which has more familiarity with the underlying cases, can equally well decide the issue." Burke-Dice v. Gov't Employees Ins. Cos., 2017 WL 3485873, at *4 (quoting Allstate Ins. Co. v. Antoine, 2012 WL 707069, at *3 (E.D. Pa. Mar. 6, 2012)). See also Frederick Mutual, 2018 WL 1399375, at *4 (noting that insurance issues governed by state law "[have] no special call on the federal forum").

  4. Burke-Dice v. Gov't Emps. Ins. Cos.

    CIVIL ACTION NO. 17-3198 (E.D. Pa. Aug. 15, 2017)   Cited 3 times

    However, this alone "is insufficient to warrant exercising jurisdiction in this case," and since a state court decision would likewise definitively resolve the issue, this factor is neutral. See Allstate Ins. Co. v. Antoine, No. 11-5830, 2012 WL 707069, at *3 (E.D. Pa. Mar. 6, 2012); Hartford Cas. Ins. Co. v. American Recycling Systems, Inc., No. 09-3355, 2010 WL 3420046, at *3 (E.D. Pa. Aug. 25, 2010). See supra Part I at 4; see also (Stipulation, Def.'s Answer, Ex. A).

  5. State Auto. Mut. Ins. Co. v. Frameworkers.com, Inc.

    CIVIL ACTION No. 11-3271 (E.D. Pa. Aug. 23, 2012)   Cited 1 times

    A court's discretion is limited, however, if the litigation involves federal statutory interpretation, the government's choice of a federal forum, or sovereign immunity, or if the state proceeding is inadequate. See Allstate Ins. Co. v. Antoine, Civ. A. No. 11-5830, 2012 WL 707069, at *3 (E.D. Pa. Mar. 6, 2012). When deciding whether to exercise jurisdiction over a declaratory judgment action involving insurance coverage, district courts should consider: (1) a general policy of restraint when the same issues are pending in a state court; (2) an inherent conflict of interest between an insurer's duty to defend in a state court and its attempt to characterize that lawsuit in federal court as falling within the scope of a policy exclusion; and (3) avoidance of duplicative litigation.