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Declaratory Judgment Action Insurance Coverage In North Carolina
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Typically, when filing a declaratory judgment action, insurers seek an adjudication of both their duty to defend and their duty to indemnify, because the duty to defend is broader than the duty to indemnify and, if insurers do not have the former duty, then they typically do not have the latter duty, either.
Your insurance company client wants to file a declaratory judgment action to determine whether the insurer owes coverage to one of the defendants in a civil lawsuit.
Rule 57. The existence of another adequate remedy does not preclude a judgment for declaratory relief in cases where it is appropriate. The court may order a prompt hearing of an action for a declaratory judgment and may advance it on the calendar.
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.
To bring a claim for declaratory judgment in a situation where a patent dispute may exist or develop, the claimant must establish that an actual controversy exists. If there is a substantial controversy of sufficient immediacy and reality, the court will generally proceed with the declaratory-judgment action.
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.
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Opinion rules that a lawyer may represent an insurer and its insured as coplaintiffs in a declaratory judgment action. Inquiry:. Exercise of general personal jurisdiction over defendant insurers is proper.This case involves an insurance dispute arising from a golfcart accident on a public road in North Carolina. 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. No action or proceeding shall be open to objection on the ground that a declaratory judgment or decree is prayed for. In a declaratory judgment action. A North Carolina state court recently granted summary judgment to a group of restaurants' claims seeking insurance coverage for business interruption losses. 267, 270, 507 S.E.2d 66, 68 (1998). The insurer may attempt to have its duty to defend resolved in a declaratory judgment action. Mears, 231 N.C. 111, 11718, 56 S.E.2d 404, 409.