Insured Files Motion To Dismiss; Says Suit Should Be Resolved In State Court
(August 16, 2016, 12:21 PM EDT) -- PHOENIX — Coverage issues related to an underlying state court lawsuit alleging personal injury clams caused by pigeon droppings should be resolved in the state court rather than in Arizona federal court, where the insurer’s declaratory judgment suit is pending, an insured argues in an Aug. 11 motion to dismiss (American Family Mutual Insurance Co. v. Scottsdale Casitas Condominium Association, et al., No. 16-2289, D. Ariz.).
(Motion to dismiss available. Document #03-160817-004B.)
American Family Mutual Insurance Co. filed suit in the U.S. District Court for the...