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 Judgement Expenses In Kings
Category:
State:
Multi-State
County:
Kings
Control #:
US-000264
Format:
Word;
Rich Text
Instant download
Description
Free preview
Form popularity
FAQ
One example of a declaratory judgment case is to ask the court to determine who owns a piece of property, or to ask the court to enforce an easement. This is especially common in what is called a “quiet title” action.
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.
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.
For an actual controversy to be found, the plaintiff cannot be merely seeking advice from the court, but instead must show that the controversy between parties is substantial, immediate, and real and that the parties have adverse legal interests.
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 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 ...
Specifically, pursuant to Uniform Rule 202.7 (f), upon an application for an order to show cause that seeks a temporary restraining order, the application must contain an affirmation demonstrating that there will be significant prejudice to the party seeking the restraining order by the giving of notice.
Customarily, the party making the motion or requesting the relief that needs judicial intervention files the RJI, but that is not required. Review the RJI form carefully, and note that the filer must include: The case index number; PRACTICE TIP: At the top of the RJI form, the index number must be listed.
Motion papers must be filed with the E-file/Motion Support Office located in Room 227, Ex Parte Office located on the 10th Floor, Foreclosure Part Office located Room 295, OR in the Guardianship/Mental Hygiene Office located in Room 285 (see Note #2), at 360 Adams Street at least five (5) business days before the ...
(d) A motion for leave to reargue: shall be identified specifically as such; shall be based upon matters of fact or law allegedly overlooked or misapprehended by the court in determining the prior motion, but shall not include any matters of fact not offered on the prior motion; and.
More info
The general rule is that only a Judgment or Order can be appealed. An additional consideration is who pays for insured's counsel in the DJA: • When insurer commences the DJA and loses, insured can collect attorneys' fees.1 Free Consultation; 2 Decades of Experience; 3 We Will Fight For You! ("Pfizer"), finding that the plaintiff's claims are ripe for adjudication. Another major benefit is that the cost of filing a declaratory judgment action is far cheaper in the long run for insurers. Court of Appeals of Georgia construe the Declaratory Judgment Act, 28 U.S.C. § 2201 et seq. Costs, in the discretion of the court. Court of Appeals of Georgia construe the Declaratory Judgment Act, 28 U.S.C. § 2201 et seq.