as “more a matter of when the court should exercise its discretion to decline jurisdiction, rather than its lack of jurisdiction under the principles of justiciability.” Id. B. Whether Count II Of Hartford’s Complaint Is Ripe Reviewing Hartford’s claim for indemnification asserted in Count II of its Complaint in light of the circumstances of this case and the applicable law, the Court concludes that Count II is not ripe for adjudication at this time. Under the first prong of the Step-Saver analysis, the parties’ interests are considered adverse when actual harm will result if the declaratory judgment is not granted. 912 F.2d at 647-648. In this case, the Court concludes that Hartford has not demonstrated the actual harm required to establish adversity. Perlberger, 900 F.Supp. at 773 (<HOLDING>); Westport Ins. Corp. v. Howell, 2005 WL
holding that where all necessary parties  including the insurer the insured and the third party claimant  had stipulated to the material facts in the dispute a declaratory judgment action on the insurers duty to indemnify could proceed holding that insurer had no duly to indemnify insured in view of the parties stipulation of fact holding on summary judgment before the question of the insurers obligation to indemnify was decided that the insurer was liable for the costs of the insured in defending the declaratory judgment action because it breached its duty to defend holding that the adversity of the parties interests as to the duty to indemnify will not be complete until after the resolution of the underlying action when it will be clear whether the insured can assert a claim for indemnity from his insurer holding that an insurer had a duty to defend the insured until it could establish that those claims were not supported by the facts