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STATE AUTO INS. COMPANIES v. SUMMY

No. 00-1116.

234 F.3d 131 (2000)

STATE AUTO INSURANCE COMPANIES, v. Eric SUMMY; Jeffrey Enck, trading as E & J Rentals; Bryant Dixon, a minor by and through his parent and natural guardian, Shawna Dixon; Shawna Dixon, Eric Summy; Jeffrey Enck, trading as E & J Rentals, Appellants.

United States Court of Appeals, Third Circuit.

Filed: December 1, 2000.

As Amended January 30, 2001.

Attorney(s) appearing for the Case

John R. Trotman, Jr., Esquire (ARGUED), Peter Russell Kohn, Esquire Monheit, Monheit, Silverman & Fodera, P.C., Eleven Penn Center, Suite 1101 1835 Market Street Philadelphia, Pennsylvania 19103, Attorneys for Appellants.

Jonathan C. Deisher, Esquire (ARGUED) Post & Schell, P.C., 1245 South Cedar Crest Boulevard 3rd Floor Allentown, Pennsylvania 18103, Attorneys for Appellee.

Laura A. Foggan, Esquire Daniel E. Troy, Esquire Erin N. McGonagle, Esquire Wiley, Rein & Fielding, 1776 K Street, N.W. Washington, D.C. 20006, Attorneys for Amicus Curiae Insurance Environmental Litigation Association.

BEFORE: BARRY, WEIS and ROSENN, Circuit Judges.

OPINION OF THE COURT

WEIS, Circuit Judge.

Despite the pendency of a case in state court on the same issues, the District Court granted a declaratory judgment in favor of an insurance carrier on a coverage case based solely on state law. We conclude that in the circumstances, the District Court should have declined to exercise jurisdiction. Accordingly, we will vacate the judgment and direct that the complaint be dismissed.

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