Insurance Co. of Pennsylvania v. Roman Catholic Archbishop of Los Angeles

MEMORANDUM *

The Insurance Company of the State of Pennsylvania and Granite State Insurance *644 Company appeal the dismissal of their claim seeking specific performance of the defendant’s contractual duty to cooperate in their investigation of certain tort claims asserted against defendant. They also challenge the district court’s decision to adjudicate their claim for specific performance and decline jurisdiction over their claim for declaratory relief, instead of dedining jurisdiction over both claims. We have jurisdiction under 28 U.S.C. § 1291 , and affirm.

A. Claim for Specific Performance

The district court did not err by refusing to order the Archbishop to specifically perform his duty to cooperate “by providing] ... all documents, information, and analyses” that are necessary to “evaluate] the reasonableness of settlement demands.” (Internal quotations omitted.) . First, plaintiffs have an adequate legal remedy in state court. 1 Should the underlying state court action against the Archbishop settle for an amount that triggers excess coverage under the policies at issue, plaintiffs can assert that there is no coverage due to the Archbishop’s failure to cooperate. 2 See…