Cases

Essex Ins. Co. v. Parnell, 2006 U.S. Dist. LEXIS 79080 (D. Miss. 2006)

Plaintiff filed a wrongful death action against nursing home alleging the nursing home and its employees were responsible for her father’s death. Essex Insurance filed a declaratory judgment action seeking a determination of its duties of defense and indemnity. Plaintiff in the underlying action against the nursing home moved to dismiss the claim or, in the alternative, remand its to State court. The motion to remand was denied because remand is only available when the action was first removed from State court. Citing St. Paul Ins. Co. v. Trejo, 39 F.3d 585 (5th Cir. 1994), which used a seven factor test for determining whether to retain jurisdiction in a declaratory judgment action, the Court denied Plaintiff’s motion to dismiss and retained jurisdiction over the declaratory judgment action because it was not evident that all matters relating to the declaratory judgment action would be fully litigated in the underlying action, Essex’s decision to seek a coverage determination was not demonstrably linked to threatened litigation by the insured, there was no evidence of forum shopping, federal court was equally convenient, retaining jurisdiction served judicial economy, and early resolution of the declaratory judgment action would work to the advantage of all parties.

Published by
David McGuffey

Recent Posts

Medicaid Estate Recovery – 50 States

The Estate Recovery Rules vary from State to State. The federal minimum requires states to…

3 days ago

Rights of the ward; impact on voting and testamentary capacity; O.C.G.A. § 29-4-20

Georgia Guardianship law presupposes that the guardian must act in the best interests of the…

1 week ago

Georgia Medicaid Applicants No Longer Required to Apply for Other Benefits

Medicaid is the payer of last resort so applicants have, historically, been required to apply…

2 weeks ago

2026 Community Spouse Income and Resource Allowances

Effective January 1, 2026, the Community Spouse Resource Allowance will increase to $162,660.00. The combined…

2 weeks ago

Temporary medical consent guardianship; O.C.G.A. § 29-4-18

In some cases, no one can be found who will consent to medical procedures for…

2 weeks ago

Conduct of emergency guardianship hearing; limitations on emergency guardianship; O.C.G.A. § 29-4-16

If an emergency guardianship is warranted, O.C.G.A. § 29-4-16 sets the requirements for how the…

2 weeks ago