Abstention Unavailable for Mixed Claims of Dec Relief and Bad Faith.

   It has been held that abstention is not available as to “a ‘mixed claim’ for declaratory relief and legal relief” such as a case presenting monetary damages claims coupled with claims for declaratory relief on alleged “claims of breach of contract, bad faith and negligent and intentional misrepresentation,” and “punitive damages.”^FN1

 

^FN1 Tube City IMS Corp. v. Allianz Global Risks U.S. Ins. Co., No. 2:14cv1245, 2014 WL 6682577 *6 (W.D. Pa. November 25, 2014).

 

Reprinted with the permission of Thomson Reuters and the author from the manuscript of the author's 2015 Supplement chapters, and Section 5:57 in particular, in “Litigation and Prevention of Insurer Bad Faith, 3d” ©2015 by Thomson Reuters.