Federal Judge Refuses To Toss Insurer’s Lawsuit Arising From Minor’s Drowning Death

( March 31, 2026, 2:58 PM EDT) -- ELKINS, W. Va. — A federal judge in West Virginia on March 30 refused to dismiss an insurer’s declaratory judgment lawsuit disputing coverage for an underlying lawsuit arising from a 2-year-old’s drowning death that occurred during a day care’s field trip, holding that there is sufficient evidence in the record to support the court’s subject matter jurisdiction and declining to exercise its discretion to abstain from hearing the lawsuit....