Mealey's Insurance - Judge Decides To Abstain From Insurer's Federal Suit Prompted By Timber Claims

Mealey's Insurance - Judge Decides To Abstain From Insurer's Federal Suit Prompted By Timber Claims

JACKSON, Miss. - Finding that abstention is appropriate under Brillhart v. Excess Insurance Co. of America (316 U.S. 491 [1942]), a Mississippi federal judge on May 12 dismissed a commercial general liability insurer's declaratory judgment lawsuit disputing coverage for underlying timber trespass and conversion claims (The Burlington Insurance Co. v. Brushy Creek Timber Co., Inc., et al., No. 3:13cv1077-DPJ-FKB, S.D. Miss., Northern Div.; 2014 U.S. Dist. LEXIS 64975).

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