United States v. Fontenot

American States Insurance Company (American States) appeals from the district courts judgment dismissing its declaratory relief action for lack of jurisdiction. American States sought to establish that under the insurance policy at issue, it has no duty to indemnify or defend Kearns, doing business as Tahoe Boat Company (Tahoe Boat) in a suit brought against Tahoe Boat in state court. The district courts jurisdiction over this diversity suit would be premised on 28 U.S.C. § 2201 (a) and 28 U.S.C. § 1332. We have jurisdiction over this timely appeal pursuant to 28 U.S.C. § 1291. We reverse and remand.