Drywall Supplier Seeks Dismissal of Georgia Coverage Action

MACON, Ga. - Rightway Drywall has moved to dismiss a declaratory judgment action filed against it in Georgia, arguing that the court's decision to dismiss a co-defendant for lack of jurisdiction creates the likelihood of prejudice should the case proceed to judgment. Owners Insurance Co., et al. v. Rightway Drywall Inc., No. 09-374 (M.D. Ga.).

In the April 19 motion filed in U.S. District Court for the Middle District of Georgia, Rightway says that because The Mitchell Co. filed the underlying case upon which the declaratory judgment action is based, it should be deemed an indispensable party to the coverage …