Judge: Insurer’s Removal Of Restaurant’s Coronavirus Coverage Suit Is ‘Deficient’

Mealey's (May 21, 2020, 2:06 PM EDT) -- PITTSBURGH — A federal judge in Pennsylvania on May 19 held that a business insurer’s removal of a restaurant insured’s lawsuit seeking recovery of its damage caused by the novel coronavirus pandemic and governmental closure orders is “deficient,” further declining to exercise subject matter jurisdiction under the Declaratory Judgment Act because the insured’s complaint “raises novel insurance coverage issues under Pennsylvania law which are best reserved for the state court to resolve in the first instance” (DiAnoia’s Eatery LLC v. Motorists Mutual Insurance Co., No. 20-706, W.D. Pa.)....