Barnes

ORDER GRANTING DEFENDANT’S MOTION TO DISMISS

The matter before the Court is Defendant’s Motion to Dismiss the Complaint. On January 25, 1998, the parties came before the Court, the Honorable Consuelo B. Marshall, United States District Judge, presiding. Upon consideration of the papers submitted and the arguments of counsel, the Court grants Defendant’s Motion and dismisses the Complaint without prejudice to re-filing in the proper court.

I. BACKGROUND

This action for declaratory relief is brought pursuant to this Court’s admiralty jurisdiction. Plaintiff, La Reunion Francaise, S.A., is a corporation organized under French law that engages in the business of providing marine insurance. Defendant, Brad Barnes, is a United States Citizen who resides in California.

On February 10, 1997, the parties entered into a one-year contract (subsequently renewed in February of 1998 for another one year term) for insurance on Defendant’s 20-foot powerboat, valued at $64,000. In addition to insuring against property damage to the vessel, the policy also included coverage for liability and theft. The navigational limits of the policy are specifically described as including the “inland waters…