07-2-8336 Tunica Pharmacy, Inc. v. Cumberland Mutual Fire Insurance Company, App. Div. (per curiam) (19 pp.) Plaintiff, Tunica Pharmacy, Inc., a lead plaintiff in a class action lawsuit filed against defendant, Express Products, Inc., appeals from the dismissal without prejudice of an insurance coverage action instituted by it and Business Pro Communications, Inc. against a liability insurer of Express Products, Cumberland Mutual Fire Insurance Company, on the ground of comity. The appellate panel affirms, finding that (1) an earlier-filed insurance coverage action was instituted by Cumberland in the United States District Court for the Eastern District of Pennsylvania and remains pending; (2) the parties to the two actions are substantially the same as the result of the undertaking of Tunica and the class it represents to defend the interests of Express Products in the Pennsylvania coverage dispute; (3) a substantial identity exists in the issues presented in the two actions; and (4) special equities do not suffice to overcome the presumption of deference to the first-filed Pennsylvania action.
