78 F. 3d 591 - Allstate Insurance Company v. Li a a
78 F3d 591 Allstate Insurance Company v. Li a a
78 F.3d 591
ALLSTATE INSURANCE COMPANY, an Illinois Corporation,
Plaintiff-Appellee,
v.
Gaylyn LI, aka Gaylyn Li-Ma; Michael A. Stephens, aka
Michael A. Cunningham, Defendants-Appellants.
No. 94-17189.
United States Court of Appeals, Ninth Circuit.
Submitted Feb. 27, 1996.*
Decided March 4, 1996.
NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.
Before: PREGERSON, CANBY, and HAWKINS, Circuit Judges.
MEMORANDUM**
Gaylyn Li and Michael Stephens appeal the district court's summary judgment in favor of Allstate Insurance Company in Allstate's diversity action seeking a declaratory judgment that Allstate was not required to defend and indemnify Li and Stephens in an underlying state court action. Federal "[c]ourts should generally decline to assert jurisdiction in insurance coverage and other declaratory relief actions presenting only issues of state law during the pendency of parallel proceedings in state court." American National Fire Insurance Co. v. Hungerford, 53 F.3d 1012, 1019 (9th Cir.1995) (citation and internal quotation marks omitted). We conclude that there are no "circumstances present to warrant an exception to the general rule that the action belongs instate rather than federal court." See Employers Reinsurance Corp. v. Karussos, 65 F.3d 796, 799 (9th Cir.1995) (citation and internal quotation marks omitted). We therefore vacate the district court's grant of summary judgment and remand with instructions to dismiss Allstate's complaint.
VACATED AND REMANDED.