Progressive Cas. Ins. Co. v. Dalton

10 Citing cases

  1. North East Insurance Company v. Masonmar, Inc.

    1:13-cv-00364-AWI-SAB (E.D. Cal. Jun. 7, 2013)   Cited 1 times

    However, under this factor, the Court must consider whether the present action would require the Court to address needless determination of novel state law issues. Dizol, 133 F.3d at 1224-1225; see also Progressive Cas. Ins. Co. v. Dalton, No. 2:12-cv-00713-MCE-CKD, 2012 WL 6088313, at * 7 (E.D. Cal. Dec. 6, 2012) ("In considering this factor, courts often examine whether adjudicating the declaratory judgment action will require the determination of novel questions of state law."). Avoidance of duplicative issues is a separate factor considered by the Court.

  2. Integon Nat'l Ins. Co. v. Hutsell

    1:20-cv-00490-NE-JLT (E.D. Cal. Oct. 1, 2021)

    (Doc. 34 at 20.) Integon cites to Progressive Cas. Ins. Co. v. Dalton, No. 2:12-cv-00713-MCE-CKD, 2012 U.S. Dist. LEXIS 173423, at *21-24 (E.D. Cal. Dec. 6, 2012), where the court found there was no forum shopping because the threatened state court action involved tort issues of negligence and the federal case involved issues of contract interpretation and insurance. While some of the basic information involved in this declaratory judgment action may overlap with the claims in the underlying state court action, Integon's action regarding coverage issues will raise the subject of policy interpretation and will not adjudicate the underlying action's disputed facts.

  3. Evanston Ins. Co. v. Harrison

    No. 2:20-cv-01672 WBS KJN (E.D. Cal. Nov. 18, 2020)

    See Kearns, 15. F.3d at 144; Merritt, 974 F.2d at 1199; see also Progressive Cas. Ins. Co. v. Dalton, No. 2:12-CV-00713 MCE, 2012 WL 6088313, at *5 (E.D. Cal. Dec. 6, 2012) ("[C]ourts have 'consistently held that a dispute between an insurer and its insureds over the duties imposed by the insurance contract [to defend and indemnify] satisfies Article Ill's case and controversy requirement.'" (quoting Gov't Emp. Ins. Co. v. Dizol, 133 F.3d 1220, 1222 n.2 (9th Cir. 1998))). Defendants' argument that this case is distinguishable from Kearns and Merritt is without merit.

  4. United Fin. Cas. Co. v. J.M.L.

    2:16-CV-02098 LEK (E.D. Cal. Nov. 13, 2017)

    The fact that a defendant's liability may be contingent does not necessarily mean there is no controversy. Progressive Cas. Ins. Co. v. Dalton, No. 12-713, 2012 WL 6088313, at *5 [(E.D. Cal. Dec. 6, 2012)]. Furthermore, the Act allows the district court to litigate a controversy that would "otherwise . . . only be tried in the future."

  5. Hanover Ins. Co. v. Mason Mcduffie Real Estate, Inc.

    Case No.16-cv-01114-JST (N.D. Cal. Dec. 14, 2016)   Cited 1 times

    Rather, Hanover will merely have to show that the underlying allegations are "of the nature and kind" that are excluded by the policy, and this showing is "logically unrelated" to the factual issues in the Underlying Action. See Montrose I, 6 Cal. 4th at 302; see also Progressive Cas. Ins. Co. v. Dalton, 12-cv-00713-MCE-CKD, 2012 WL 6088313, at *12 (E.D. Cal. Dec. 6, 2012) (holding the court could "resolve the declaratory judgment action" without "inquir[ing] into the possible negligence or breach of fiduciary duty by the Directors and Officers"). Finally, Hanover has made multiple representations that it will not raise factual issues regarding McDuffie's conduct, and McDuffie has not indicated that it will seek such facts from Hanover.

  6. San Diego Unified Port Dist. v. Nat'l Union Fire Ins. Co. of Pittsburgh

    Case No.: 3:15-cv-1401-BEN-MDD (S.D. Cal. Jul. 6, 2016)   Cited 1 times

    The claim involves a determination whether the Umbrella Policies must drop down to cover Suits. "This evaluation should involve a relatively straightforward analysis of the policy, without infringing on novel state law issues." Progressive Cas. Ins. Co. v. Dalton, No. 12-cv-00713, 2012 WL 6088313, at *7 (E.D. Cal. Dec. 6, 2012) (considering interpretation of insurance contract coverage). The present action does not appear to be the result of forum shopping.

  7. Columbia Casualty Co. v. Abdou

    CASE NO. 15cv80-LAB (KSC) (S.D. Cal. Dec. 16, 2015)   Cited 3 times   1 Legal Analyses
    Holding that "in any way involving" "is ‘language that would only be included to maximally expand the enumerated categories of acts that are excluded from coverage’ "

    The Court can resolve it without reaching the merits of Mercola's allegations by simply interpreting the policy's terms and examining the claims Mercola makes in his lawsuit. See Progressive Cas. Ins. Co. v. Dalton, 2012 WL 6088313, at *12 (E.D. Cal. Dec. 6, 2012). Thus, Columbia doesn't join forces with Mercola by bringing its declaratory relief action, and collateral estoppel concerns aren't implicated.

  8. Provide Commerce, Inc. v. Hartford Fire Insurance Co.

    Case No. 12-cv-516 BAS (WVG) (S.D. Cal. Oct. 7, 2014)

    "When such a potential conflict exists, a district court should enter a stay." Progressive Cas. Ins. Co. v. Dalton, 2:12-CV-00713, 2012 WL 6088313, at *11 (E.D.Cal. Dec.6, 2012). Here, even though the underlying litigation has settled, the settlement is currently on appeal.

  9. Granite State Insurance Co. v. Halajian

    Case No. 1:14-cv-00531-SAB (E.D. Cal. Jul. 31, 2014)

    Similarly in Progressive Cas. Ins. v. Dalton, No. 2:12-cv-00713-MCE-CKD, 2012 WL 6088313, *4-5 (E.D. Cal. Dec. 6, 2012), an insurance company who carried a liability policy on a bank's directors and officers brought suit seeking a declaratory judgment that they were not liable for the bank's losses. Id. at *1.

  10. Admiral Ins. Co. v. Shah & Assocs., Inc.

    CASE NO. 13cv44-WQH-JMA (S.D. Cal. Jul. 23, 2013)   Cited 1 times

    "When such a potential conflict exists, a district court should enter a stay." Progressive Cas. Ins. Co. v. Dalton, 2:12-CV-00713, 2012 WL 6088313, at *11 (E.D. Cal. Dec. 6, 2012). "Federal courts in California have followed the Montrose rule."