American States Insurance Company, Plaintiff-appellant, v. Pool Pro Service, Co.; Tom Mclish; Robbie Moreno Andshelly Moreno, Parents and Next-of-kin of Rustinmoreno, Deceased, Defendants-appellees.the Oklahoma Association of Defense Counsel; Aetna Casualtyand Surety Company; Farmers Insurance Company,inc.,; Hanover Insurance Company; Andshelter Insurance Company, Amici Curiae, 951 F.2d 1258 (10th Cir. 1991)

After examining the briefs and appellate record, this panel has determined unanimously that oral argument would not materially assist the determination of this appeal. See Fed. R. App. P. 34(a); 10th Cir.R. 34.1.9. The case is therefore ordered submitted without oral argument.

Plaintiff American States Insurance Co. appeals the district court's decision of March 4, 1991, declining to exercise jurisdiction over a declaratory judgment action American States instituted pursuant to the Federal Declaratory Judgment Act, 28 U.S.C. §§ 2201-2202, to determine whether it had any obligation under a comprehensive general liability policy it issued to Defendant-appellee Pool Pro Service Co., to defend, insure, or indemnify Defendant-appellee Tom McLish (Pool Pro Service's employee) in an action filed against him by Defendants-appellees Robbie and Shelly Moreno. The district court refused to exercise jurisdiction over the action because it concluded that the public policy of Oklahoma "manifestly expressed" in Oklahoma's declaratory judgment statute militated against doing so.

The district court made a similar ruling based on the same rationale in Horace Mann Insurance Co. v. Johnson ex rel. Johnson, 758 F. Supp. 1456 (W.D. Okla. 1991). In a recent published opinion, we concluded the district court abused its discretion in refusing to exercise jurisdiction over the declaratory judgment action. Horace Mann Ins. Co. v. Johnson ex rel. Johnson, No. 91-6124, slip op. at 9 (10th Cir. Dec. 17, 1991). For the same reasons discussed in that opinion, we conclude the district court abused its discretion in refusing to entertain the present declaratory judgment action.

Therefore, the judgment of the United States District Court for the Western District of Oklahoma is REVERSED, and the case is REMANDED for further proceedings consistent with this order and judgment.