Ironshore Specialty Insurance Company and Columbia Casualty Company v. Cantex Continuing Care Network, LLC
CourtDistrict Court, N.D. Texas
Date FiledOctober 7, 2026
Docket3:25-cv-03020
StatusUnknown
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Full Opinion
United States District Court
NORTHERN DISTRICT OF TEXAS
DALLAS DIVISION
IRONSHORE SPECIALTY INSURANCE §
COMPANY and COLUMBIA §
CASUALTY COMPANY §
§ CIVIL ACTION NO. 3:25-CV-3020-S
v. §
§
CANTEX CONTINUING CARE §
NETWORK, LLC §
MEMORANDUM OPINION AND ORDER
This Memorandum Opinion and Order addresses Defendant Cantex Continuing Care
Network, LLC’s Motion to Dismiss Plaintiff Ironshore Specialty Insurance Company’s First
Amended Complaint (“First Motion”) [ECF No. 36] and Motion to Dismiss Columbia Casualty
Company’s Original Complaint in Intervention (“Second Motion”) [ECF No. 60] (together,
“Motions”). The Court has reviewed the Motions, Cantex’s Brief in Support of the First Motion
(“Cantex’s First Brief’) [ECF No. 37], Ironshore’s Brief in Opposition to the First Motion
(“Ironshore’s Response”) [ECF No. 42], Cantex’s Reply in Support of the First Motion (“Cantex’s
First Reply”) [ECF No. 46], Cantex’s Brief in Support of the Second Motion [ECF No. 61],
Columbia’s Response to the Second Motion (“Columbia’s Response”) [ECF No. 63], Cantex’s
Reply in Further Support of the Second Motion (“Cantex’s Second Reply”) [ECF No. 65],
Ironshore’s First Amended Complaint (“Ironshore’s Amended Complaint”) [ECF No. 22],
Columbia’s Original Complaint in Intervention (“Columbia’s Complaint”) [ECF No. 54],
Ironshore’s Notice of Supplemental Authority in Opposition to the First Motion (“Notice of
Supplemental Authority”) [ECF No. 66], and the applicable law. For the following reasons, the
Court GRANTS IN PART and DENIES IN PART the Motions.
I. BACKGROUND
A. The Insurance Policies
This action arises from an insurance coverage dispute. Intervenor-Plaintiff Columbia
Casualty Company issued two relevant insurance policies to Defendant Cantex Continuing Care
Network, LLC: (1) an underlying primary policy and (2) an umbrella policy for the period of
December 2021 through December 2022, which provided coverage for damages exceeding the
limits of an underlying primary policy. Columbia’s Compl. Jf 2, 19, 21-22. Columbia’s umbrella
policy included a pandemic claim exclusion that bars coverage for any claim arising out of or
related to a communicable disease. Id. J 24-27.
Plaintiff Ironshore Specialty Insurance Company issued an excess insurance policy to
Cantex that follows form to Columbia’s primary policy. Ironshore’s Am. Compl. 3. Ironshore’s
policy included, among other provisions, notice requirements, a class action exclusion, and an
infectious disease exclusion. Id. {§ 42, 44-46.
B. Underlying State Court Proceedings
Cantex and some of its affiliates are defendants in eight wrongful death lawsuits filed in
New Mexico state court in September 2022. Jd J] 49-51, 57; Cantex’s First Br. 1. Estate
representatives brought these lawsuits on behalf of eight decedents who were former residents of
a Cantex-affiliated nursing care facility in New Mexico and who died from complications related
to COVID-19. Ironshore’s Am. Compl. ff 49-55; Cantex’s First Br. 1. The New Mexico plaintiffs
ultimately agreed to resolve their claims through a joint arbitration. Ironshore’s Am. Compl. □ 58.
In October 2025, the arbitration panel awarded damages to all eight plaintiffs from three entities:
(1) Cantex Health Care Centers II, LLC; (2) Farmington Health Care Center, Ltd. Co. d/b/a Cedar
Ridge Inn (the nursing care facility);! and (3) Cantex itself. Jd. § 59; Columbia’s Resp. 2.
In early December 2025, the New Mexico plaintiffs agreed to consolidate all eight lawsuits
into a single lead case, the Lewis Action. Cantex’s First Reply 4. In March 2026, the New Mexico
court entered an order consolidating all eight lawsuits into the Lewis Action. Cantex’s First
Reply 4; Ironshore’s Resp. 8. Two months later, the New Mexico court issued a judgment
confirming the arbitration award in favor of the New Mexico plaintiffs. Columbia’s Resp. 2;
Notice of Suppl. Authority, Ex. A, at 1-2.
On December 10, 2025, Cantex and its affiliates filed a third-party complaint against
Ironshore and Columbia in the Lewis Action (“New Mexico Lawsuit”). Cantex’s First Reply 4;
Cantex’s App. to First Mot. (“Cantex’s First Appendix’’) [ECF No. 38] Ex. L, at 95-96; Ironshore’s
Resp. 6-7. This third-party complaint seeks a declaratory judgment on “whether Third-Party
Defendants . . . are obligated to indemnify Third-Party Plaintiffs for their losses sustained from the
underlying lawsuits” and to provide coverage “for all prior judgments.” Cantex’s First App., Ex.
L, at 99, 101. The third-party complaint also includes a breach of contract claim. /d. at 100.
In July 2026, the New Mexico plaintiffs settled and fully released the judgment and all
other claims against the New Mexico defendants. Notice of Suppl. Authority, Ex. A, at 2.
However, the release expressly stated that it did not concern the claims raised in the third-party
complaint against Ironshore and Columbia. /d.
‘ Cantex Health Care Centers IJ, LLC, is a named insured on Columbia’s primary policy. See Columbia’s
Compl. 7 19. Additionally, according to a letter Columbia sent to Cantex, Farmington Health Care Center,
Ltd. Co, d/b/a Cedar Ridge Inn is not a named insured on Columbia’s policy but is “an Insured Location
— to documentation Cantex has provided to Columbia.” App. to Columbia’s Compl. [ECF No. 54]
C. The Instant Lawsuit
On November 5, 2025, one month before Cantex and its affiliates filed their third-party
complaint in the New Mexico Lawsuit, Ironshore filed the instant declaratory judgment action. See
Compl. for Declaratory J. [ECF No. 1]. Columbia later intervened. See Columbia’s Compl.
lronshore and Columbia both seek judicial determinations that there is no coverage for the New
Mexico cases or the arbitration award under their respective policies. Ironshore’s Am. Compl.
66, 75, 86, 93-97; Columbia’s Compl. [{ 58, 69, 77. Cantex moved to dismiss both complaints
in light of the currently pending declaratory judgment action in the New Mexico Lawsuit.
Il. LEGAL STANDARD
“Federal courts have broad discretion to grant or refuse declaratory judgment.” Evanston
Ins. Co. v. Tonmar, L.P., 669 F. Supp. 2d 725, 732 (N.D. Tex. 2009) (citing Torch, Inc. v. LeBlanc,
947 F.2d 193, 194 (Sth Cir. 1991)). “Since its inception, the Declaratory Judgment Act has been
understood to confer on federal courts unique and substantial discretion in deciding whether to
declare the rights of litigants.” Wilton v. Seven Falls Co., 515 U.S. 277, 286 (1995). The Act “gives
federal courts the competence to declare rights, but it does not impose a duty to do so.” Evanston
Ins., 669 F. Supp. 2d at 732 (citing Pub. Affs. Assocs., Inc. v. Rickover, 369 U.S. 111, 112 (1962)).
Although “the district court’s discretion is broad, it is not unfettered.” Travelers Ins. Co. v. La.
Farm Bureau Fed’n, Inc., 996F.2d 774, 778 (Sth Cir. 1993). The court cannot dismiss a
declaratory judgment action “on the basis of whim or personal disinclination.” Jd. (quoting Rowan
Cos. v. Griffin, 876 F.2d 26, 28-29 (Sth Cir. 1989)).
When determining whether to abstain from or adjudicate a declaratory judgment action,
the court “must determine: (1) whether the declaratory action is justiciable; (2) whether the court
has the authority to grant declaratory relief; and (3) whether to exercise its discretion to decide or
dismiss the action.” Sherwin-Williams Co. v. Holmes County, 343 F.3d 383, 387 (Sth Cir. 2003).
lil. ANALYSIS
While the parties primarily dispute the third factor—whether the Court should exercise its
discretion in light of the pending state court proceeding in New Mexico—the Court briefly
addresses justiciability and its authority to grant declaratory relief as well.
A. Justiciability
A declaratory judgment action is justiciable “only where an ‘actual controversy’ exists.”
Orix Credit All., Inc. v. Wolfe, 212 F.3d 891, 896 (5th Cir. 2000) (citing, among other sources,
28 U.S.C. § 2201(a)). Generally, “an actual controversy exists where ‘a substantial controversy of
sufficient immediacy and reality [exists] between parties having adverse legal interests.’” Id.
(citation omitted). Here, the parties’ dispute presents an actual controversy over whether Ironshore
and Columbia must provide Cantex with insurance coverage for the New Mexico state court cases
and the arbitration award. Thus, this declaratory judgment action is justiciable.
B. Authority
Because the Court has diversity jurisdiction,’ it has the authority to adjudicate this
declaratory judgment action and grant appropriate relief. See Sherwin-Williams Co., 343 F.3d
at 387-88 (holding that a district court properly concluded that it had authority to decide a
declaratory judgment suit where there was diversity jurisdiction). Further, the Anti-Injunction Act
? Columbia pleads complete diversity of citizenship. Columbia alleges that Ironshore is a citizen of Arizona
and Massachusetts; Columbia is a citizen of Illinois; and Cantex is a citizen of Texas, Delaware, New York,
and Canada. Columbia’s Compl. {J 8-15. Further, Ironshore and Columbia both allege that the amount in
controversy exceeds $75,000. Jd. J] 7, 16; Ironshore’s Am. Compl. {J 12, 20. Thus, the Court has diversity
jurisdiction.
does not apply because Cantex filed its third-party complaint in state court after Ironshore filed
suit in this Court.?
C. Discretion
When considering whether to dismiss or stay a declaratory judgment action while parallel
state court proceedings are pending, a district court “should ascertain whether the questions in
controversy between the parties to the federal suit, and which are not foreclosed under the
applicable substantive law, can better be settled in the proceeding pending in the state court.”
Brillhart v. Excess Ins. Co. of Am., 316 U.S. 491, 495 (1942). This analysis is grounded in three
overarching principles—federalism, fairness, and efficiency—and guided by several nonexclusive
factors. See Sherwin-Williams Co., 343 F.3d at 390-92 (interpreting factors set out in St. Paul Ins.
Co. v. Trejo, 39 F.3d 585 (Sth Cir. 1994)). The relevant factors are:
(1) whether there is a pending state action in which all of the matters in controversy
may be fully litigated;
(2) whether the plaintiff filed suit in anticipation of a lawsuit filed by the defendant;
(3) whether the plaintiff engaged in forum shopping in bringing the suit;
(4) whether possible inequities in allowing the declaratory plaintiff to gain
precedence in time or to change forums exist;
(5) whether the federal court is a convenient forum for the parties and the witnesses;
(6) whether retaining the lawsuit would serve the purposes of judicial economy;
and
3 district court does not have authority to consider the merits of a declaratory judgment action when:
(1) the declaratory defendant previously filed a cause of action in state court; (2) the state case involved the
same issues as those in the federal court; and (3) the district court is prohibited from enjoining the state
proceedings under [28 U.S.C. §] 2283,” the Anti-Injunction Act. Sherwin-Williams, 343 F.3d at 388 n.1
(citing Travelers Ins. Co., 996 F.2d at 776). Here, mandatory abstention does not apply because the first
factor is not met. Cantex filed its third-party complaint in state court after Ironshore first filed suit in this
Court. See, e.g., Cont’l Ins. Co. v. Gifford-Hill & Co., No. 3:12-CV-0925-D, 2013 WL 1875930, at *2 n.6
(N.D. Tex. May 6, 2013). “The absence of any of the three factors defeats mandatory abstention[.]” Smith
v. McLean, No. 4:10-CV-00792, 2011 WL 2792387, at *5 (S.D. Tex. July 14, 2011) (quoting Sealed v.
Sealed, 33 F.3d 1379, 1994 WL 487245, at *2 (Sth Cir. Apr. 18, 1994)).
(7) whether the federal court is being called on to construe a state judicial decree
involving the same parties and entered by the court before whom the parallel state
suit between the same parties is pending.
Id. at 388 (citing Trejo, 39 F.3d at 590-91). Overall, these factors weigh in favor of abstention.
i, Federalism Factors
The first and seventh Trejo factors implicate the issues of federalism and comity. /d. at 391-
92. As to the first factor, the Court concludes that a state court action—the New Mexico Lawsuit—
is pending in which the parties may fully litigate all matters presented in this declaratory judgment
action. The New Mexico Lawsuit arises from the same underlying facts and the same insurance
policies. All parties to this suit are also parties to the New Mexico Lawsuit.t Moreover, the New
Mexico Lawsuit includes the two additional insured entities subject to the arbitration award. See
Cantex’s First Br. 2; Columbia’s Compl. { 19; App. to Columbia’s Compl. 107-08; Cantex’s First
App., Ex. L, at 95-96. Thus, the first Trejo factor weighs strongly in favor of staying this case. The
seventh factor is either neutral or weighs slightly against abstention, as the Court is not being called
on to construe a state judicial decree in this case.
Additionally, there are no federal law issues in the present suit. Ironshore’s and Columbia’s
Complaints seek declaratory judgments on whether they are obligated to provide insurance to
Cantex for the New Mexico state court cases and the arbitration award. See Ironshore’s Am.
Compl. Ff 66, 75, 86, 93-97; Columbia’s Compl. {{] 58, 69, 77. The third-party complaint in the
* Columbia argues that the New Mexico Lawsuit is not a proper forum to resolve its coverage obligations
due to a legal action limitation in its insurance policy. Columbia’s Resp. 7. The legal action limitation
prohibits a claimant or insured from joining Columbia “in any action against the Insured to determine the
Insured’s liability.” Id. (emphasis added). However, the arbitration panel had already issued its award when
Cantex and its affiliates filed their third-party complaint against Columbia in the New Mexico Lawsuit,
thereby resolving the question of liability. See Columbia’s Compl. { 41; see also Cantex’s Second Reply 4.
In addition, in July 2026, the underlying plaintiffs in the New Mexico Lawsuit settled and released their
judgment against Cantex and the other state court defendants. Notice of Suppl. Authority 1-2. The only
claims that survive are those in the third-party complaint against the insurers. Jd. Thus, the Court is not
convinced that the legal action limitation applies under these circumstances,
New Mexico Lawsuit seeks a declaratory judgment on the same issues—i.e., “whether Third-Party
Defendants . . . are obligated to indemnify Third-Party Plaintiffs for their losses sustained from the
underlying lawsuits” and provide coverage “for all prior judgments.” Cantex’s First App., Ex. L,
at 99, 101. Although the New Mexico Lawsuit involves additional claims and parties, “all of the
material questions necessary to decide the issues raised in this declaratory judgment action are
governed by state law and can be resolved in the state court action.” Koch Project Sols., LLC v.
All. Process Partners, LLC, No. H-20-3479, 2021 WL 231313, at *12 (S.D. Tex. Jan. 22, 2021),
aff'd, No. 21-20093, 2022 WL 16858861 (Sth Cir. Nov. 11, 2022). Therefore, the principles of
federalism and comity weigh strongly in favor of staying this action. See Brillhart, 316 U.S. at 495
(“Ordinarily it would be uneconomical as well as vexatious for a federal court to proceed in a
declaratory judgment suit where another suit is pending in a state court presenting the same issues,
not governed by federal law, between the same parties.”); see also Sherwin-Williams, 343 F.3d
at 390-91 (“[I]f the federal declaratory judgment action raises only issues of state law and a state
case involving the same state law issues is pending, generally the state court should decide the case
and the federal court should exercise its discretion to dismiss the federal suit.” (citation omitted)).
ii. Fairness Factors
When assessing the fairness consideration, courts analyze whether the plaintiff in the
federal declaratory judgment action seeks to “us[e] the declaratory judgment process to gain access
to a federal forum on improper or unfair grounds.” Sherwin-Williams, 343 F.3d at 391. The second,
third, and fourth Trejo factors that relate to this inquiry are: whether the plaintiff filed suit in
anticipation of a lawsuit filed by the defendant; whether the plaintiff engaged in forum shopping
in bringing the suit; and whether possible inequities in allowing the declaratory plaintiff to gain
precedence in time or to change forums exist. Jd at 388, 391. “Merely filing a declaratory
judgment action in a federal court with jurisdiction to hear it, in anticipation of state court litigation,
is not in itself improper anticipatory litigation or otherwise abusive ‘forum shopping.’” /d. at 391.
The Court finds that the fairness factors are neutral. Cantex does not argue or present
evidence that Ironshore and Columbia sued in anticipation of a lawsuit, At the time Ironshore filed
suit in this Court, Cantex and its affiliates had not yet filed their third-party complaint in New
Mexico. Although the underlying wrongful death cases were pending in New Mexico, Texas was
not an unreasonable forum for Ironshore and Columbia to bring a declaratory judgment action.
Cantex’s principal place of business is in Texas, and the insurance policies were delivered in
Texas. Ironshore’s Am. Compl. J 21-22; Columbia’s Resp. 10. Thus, the Court finds no evidence
of improper forum shopping. Likewise, the Court finds no significant evidence of inequities in
allowing Ironshore and Columbia to gain precedence in time or change forums. Thus, the fairness
factors are neutral.
iii, Efficiency Factors
The fifth and sixth Trejo factors address efficiency concerns. Sherwin-Williams, 343 F.3d
at 392. As to the fifth factor, Cantex does not object on convenience grounds. See Cantex’s First
Br. 8. This forum is not inconvenient because Cantex’s principal place of business is in Texas, the
insurance policies were delivered in Texas, and it is unlikely that the parties will use witnesses
from the New Mexico state court cases in this dispute involving interpretation of insurance
policies. Therefore, the fifth factor is either neutral or weighs slightly against abstention.
However, the sixth factor—whether retaining the lawsuit would serve the purposes of
judicial economy—weighs strongly in favor of abstention. The Court finds that it would be “a
waste of judicial resources to litigate a federal declaratory judgment action involving only issues
oOo
of state law that are already being litigated in the [New Mexico] Lawsuit.” Evanston Ins., 669 F.
Supp. 2d at 734. Therefore, the efficiency factors overall weigh in favor of abstention.
* *
After weighing federalism, fairness, and efficiency, and applying the Trejo factors, the
Court finds that the New Mexico state court is the more appropriate forum for resolving this
dispute. Although Cantex has moved to dismiss, the Court concludes that a stay, rather than a
dismissal, is the appropriate course. See Wilton, 515 U.S. at 288 n.2 (“[W]here the basis for
declining to proceed is the pendency of a state proceeding, a stay will often be the preferable
course, because it assures that the federal action can proceed without risk of a time bar if the state
case, for any reason, fails to resolve the matter in controversy.” (citation omitted)).
IV. CONCLUSION
For the foregoing reasons, the Court GRANTS IN PART and DENIES IN PART
Defendant Cantex Continuing Care Network, LLC’s Motion to Dismiss Plaintiff's First Amended
Complaint [ECF No. 36] and Motion to Dismiss Columbia Casualty Company’s Original
Complaint in Intervention [ECF No. 60]. The Court GRANTS the Motions to the extent Cantex
asks the Court to abstain from this declaratory judgment action. The Court DENIES the Motions
to the extent Cantex asks the Court to dismiss this lawsuit. Instead of dismissal, this case is
STAYED and ADMINISTRATIVELY CLOSED without prejudice to it being reopened upon a
motion by any party or to enter a judgment.
SO ORDERED.
SIGNED October 7, 2026.
UNITED STATES DISTRICT JUDGE
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