Travelers Asks Pa. Court to Dismiss Excalibur’s Action, Says First-Filed Rule Does Not Apply

PHILADELPHIA — Travelers Indemnity Co. has asked a Pennsylvania federal court to dismiss a declaratory judgment action filed by Excalibur Reinsurance Corp., arguing that a lawsuit pending in Connecticut, which involves the same parties, facts and dispute should take precedence.

In a May 28 motion filed in the U.S. District Court for the Eastern District of Pennsylvania, Travelers asserts that although the Pennsylvania action was filed first, the “first-filed” rule does not apply here because Excalibur’s Connecticut action is declaratory, filed in bad faith, and in furtherance of forum-shopping.

Excalibur was one of several reinsurers who entered into an “Errors …