Judge Issues Stay in Coverage Dispute Pending 'First to File' Resolution

TACOMA, Wash. - A federal judge has rejected an asbestos defendant's argument that its insurers are forum shopping in requesting a stay in a Washington court case pending resolution of a previously filed action in Connecticut. Longview Fibre Paper & Packaging Inc. v. Travelers Indemnity Co., et al., No. 06-5666 (W.D. Wash.).

Judge Franklin D. Burgess of the U.S. District Court for the Western District of Washington said in the Feb. 22 stay order that when a dispute is the subject of two district court actions, the 'first to file' rule applies and the 'first filed' court decides the application …