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ST. PAUL FIRE AND MARINE INS. CO. v. RUNYON

No. 94-6265.

53 F.3d 1167 (1995)

ST. PAUL FIRE AND MARINE INSURANCE COMPANY, Plaintiff-Appellant, v. Philip H. RUNYON, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

May 1, 1995.

Attorney(s) appearing for the Case

Glynis C. Edgar (Reggie N. Whitten and Barbara K. Buratti on the briefs), of Mills & Whitten, Oklahoma City, OK, for plaintiff-appellant.

Robert N. Naifeh, Jr. (R. Wade Cole with him on the brief), of Derryberry, Quigley, Parrish, Solomon & Blankenship, Oklahoma City, OK, for defendant-appellee.

Before BRORBY, Circuit Judge, McKAY, Senior Circuit Judge, and OWEN, Senior District Judge.

BRORBY, Circuit Judge.

St. Paul Fire and Marine Insurance Company ("St. Paul") sought, in federal court, a declaration under the Declaratory Judgment Act, 28 U.S.C. § 2201, that it had no obligation to defend Philip H. Runyon under the terms of a professional liability insurance policy. The district court refused to exercise jurisdiction over this action because of the existence of a related state court action. St. Paul appeals this decision. Our jurisdiction...

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