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MITCHESON v. HARRIS

No. 90-2229.

955 F.2d 235 (1992)

George Anthony MITCHESON, acting for and on Behalf of Certain Other Underwriters at Lloyd's, Plaintiff-Appellee, v. Nathan M. HARRIS, Defendant-Appellant, and Charlese Vines, by her Guardian, Elizabeth Davis; Elizabeth Davis, individually, Defendants.

United States Court of Appeals, Fourth Circuit.

Decided January 29, 1992.

As Amended February 12, 1992.

Attorney(s) appearing for the Case

Kathleen Morris McDonald, Irwin, Kerr, Green, McDonald & Dexter, Baltimore, Md., argued (Charles M. Kerr, on brief), for defendant-appellant.

Robert L. Ferguson, Jr., Thieblot, Ryan, Martin & Ferguson, Baltimore, Md., argued (Jodi K. Ebersole, on brief), for plaintiff-appellee.

Before HALL and WILKINSON, Circuit Judges, and KELLAM, Senior District Judge for the Eastern District of Virginia, sitting by designation.

OPINION

WILKINSON, Circuit Judge:

In this case an insurer comes to federal court seeking a declaratory judgment regarding its obligation to defend and indemnify its insured when the underlying matter for which the insured claims coverage is the subject of an action already pending in state court. The issue of whether a federal court should decline to entertain an insurer's declaratory action when it is closely related...

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