Federal Judiciary

Motions to dismiss denied in insurance coverage case

By Michael Smith

Cincinnati Ins. Co. v. RBP Chemical Technology, Inc., 2008 WL 686156(E.D.Tex. Mar 06, 2008) (NO. CIV.A. 1:07-CV-699)
Judge: Ron Clark
Holding: Defendants' Motion to Dismiss DENIED
Plaintiff Cincinnati Insurance sought a declaratory judgment that it had no duty to defend Defendant RBP Chemical in a negligence pollution case brought against RBP Chemical in state court in Orange County, Texas, by the ten individual Defendants named in this action. These ten individual declaratory judgment Defendants sought to dismiss the case on several grounds pursuant to Fed.R.Civ.P. 12(b).  Judge Clark held that he had subject matter jurisdiction and personal jurisdiction over the non-resident Defendants; that venue was proper in the Eastern District of Texas; that Plaintiff stated a claim upon which relief can be granted; and that there had been no failure to join a necessary party under Rule 19. Accordingly, he denied the Defendants' motion.

Full post as published by Eastern District of Texas Federal Court Practice on March 21, 2008 (boomark / email).