This form is a Complaint For Declaratory Judgment for Return of Improperly Waived Insurance Premiums. Adapt to your specific circumstances. Don't reinvent the wheel, save time and money.
Declaratory Judgment Insurance Coverage In Bexar
Category:
State:
Multi-State
County:
Bexar
Control #:
US-000264
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Word;
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FAQ
Declaratory Judgment Expenses means all legal expenses incurred in the representation of the Company in litigation, arbitration or any other dispute resolution proceeding or process brought to determine the Company's defense and/or indemnification obligations that are allocable to any specific claim or loss under ...
A declaratory judgment is a binding judgment from a court defining the legal relationship between parties and their rights in a matter before the court. When there is uncertainty as to the legal obligations or rights between two parties, a declaratory judgment offers an immediate means to resolve this uncertainty.
Declaratory relief allows a party who is not certain of his rights to prevent the accrual of avoidable damages and to obtain an adjudication before the parties bring a coercive lawsuit.
In some instances, a declaratory judgment is filed because the statute of limitations against a potential defendant may pass before the plaintiff incurs damage (for example, a malpractice statute applicable to a certified public accountant may be shorter than the time period the IRS has to assess a taxpayer for ...
A declaratory judgment is a ruling of the court to clarify something (usually a contract provision) that is in dispute. A summary judgment is a ruling that a case or portion of a case must be dismissed because there are no triable issues of material fact in dispute.
The benefit of a declaratory judgment is that it prevents lawsuits that are likely to be unsuccessful, which saves the courts, and ultimately taxpayers, resources and time. A policyholder that receives an unfavorable declaratory judgment is unlikely to file a lawsuit, as the suit is much more likely to be dismissed.
A declaratory judgment is a legally binding judgment where a court declares the rights and obligations of the parties to a written agreement, such as an insurance policy or other contract.
A declaratory judgment is “a binding adjudication that establishes the rights and other legal relations of the parties without providing for or ordering enforcement.” (Black Law Dictionary, 11th ed.)
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Courts have traditionally held that an insurance company has no right to intervene in the liability action against the insured to seek a coverage determination. An insured files a declaratory judgment action against their insurer and names an injured third party who shares citizenship with the insured.The United States District Court's look at whether a party that is not an insured may seek a declaration regarding an insurer's duties under its policy. CHIEF JUSTICE JEFFERSON: Were the claims covered here? MR. HARRIS: The trial court in the declaratory judgment action found they were not. The carrier denied coverage. The law firm filed a petition for declaratory judgment. Texas courts apply this rule whether the claim for declaratory relief is asserted in a separate proceeding or in the same proceeding.