Judge:  Insurer’s Suit Disputing Coverage For Nuisance, Negligence Claims Is Timely

Mealey's (November 25, 2019, 10:27 AM EST) -- BIRMINGHAM, Ala. — A federal judge in Alabama on Nov. 21 held that an insurer’s declaratory judgment lawsuit disputing coverage for underlying trespass, nuisance and negligence claims against its franchise insured is not barred by Alabama’s six-year statute of limitations and that there is no “parallel” state court proceeding that warrants abstention (Great American Alliance Company v. Bravo Food Service LLC, et al., No. 19-1026, N.D. Ala., 2019 U.S. Dist. LEXIS 202024)....