Insurer: Tort, Coverage Actions Not ‘Parallel’; Remand Order Was Inappropriate

(September 13, 2016, 1:15 PM EDT) -- PHILADELPHIA — An insurer filed a brief in the Third Circuit U.S. Court of Appeals on June 27, arguing that a District Court erred when it remanded an insurance coverage dispute to Pennsylvania state court because the insured’s tort action against the insurer cannot be considered “parallel” to the insured’s own coverage action seeking to recover a $5 million judgment for the same incident that is the basis for the tort lawsuit (Ronald Kelly, et al. v. Maxum Specialty Insurance Corporation, et al., No. 15-3618, 3rd Cir.)....