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Home / Opinion Digests / Civil Practice / Civil Practice – Abstention – Parallel State Litigation – Declaratory Judgment & Rescission – Homeowners’ Insurance (access required)

Civil Practice – Abstention – Parallel State Litigation – Declaratory Judgment & Rescission – Homeowners’ Insurance (access required)

Even if the plaintiff-insurer could achieve a similar result on both of its claims—rescission and declaratory judgment—the court will not penalize the insurer for its thoroughness in including its declaratory claims in addition to its rescission claim. Therefore, the court applies the abstention doctrine from Colorado River Conservation District v. United States, 424 U.S. 800 ...

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