R.C. Wegman Construction Co v. Admiral Ins. Co.

Ct. of Appeals lacked jurisdiction to consider plaintiff’s appeal of Dist. Ct.’s order staying plaintiff’s federal lawsuit alleging that defendant-primary insurance company failed to undertake reasonable opportunities to settle lawsuit that resulted in judgment against plaintiff in excess of primary insurance policy limit, where stay was based on existence of plaintiff’s pending state court action against excess insurance company claiming that said insurance company wrongfully refused to cover any judgment in excess of primary policy limits. Dist. Ct. order was interlocutory in nature that could not be appealed at that time, and Ct. rejected contention that stay order was reviewable as abstention order where Ct. noted that, although both state and federal claims were related, if plaintiff lost in state court against excess insurance company, it could still proceed on failure to settle action against primary insurer in federal court.