Koegler v. Liberty Mutual Insurance Company et al, No. 1:2008cv07645 - Document 29 (S.D.N.Y. 2009)

Court Description: MEMORANDUM ORDER CLARIFYING THE COURTS PRIOR DECISION AND DIRECTING THE DISMISSAL WITHOUT PREJUDICE OF THE PREMATURELY INTERPOSED CLAIM FOR INDEMNIFICATION: There is no reason for me to keep this action open on my docket indefinitely. There has as ye t been no refusal to indemnify, so a claim for indemnification is premature - there is as yet no case in controversy. Of course, the claim for a declaration that plaintiff is entitled to indemnification will be dismissed without prejudice, so that if it ever should ripen, a new lawsuit can be commenced. But until the claim ripens, there need be no lawsuit open on the court's docket. The parties shall notify me whether it will be necessary for the court to award damages in the amount of prior costs of representation, or whether Liberty Mutual will cover those costs voluntarily. (Signed by Judge Colleen McMahon on 4/21/2009) (jpo)