District Court, S.D. Texas December 16, 1996, Civil Action H-96-0959 (Aetna Casualty & Surety Co. v. Metropolitan Baptist Church)

MEMORANDUM AND ORDER

HOYT, District Judge.

Pending before the Court is the complaint filed by the plaintiff, Aetna Casualty add Surety Co. (“Aetna”), seeking a declaratory judgment that it has no duty to defend or indemnify its insured, Metropolitan Baptist Church (“Metropolitan”), in an underlying lawsuit pending in state district Court.