This form for use in litigation against an insurance company for bad faith breach of contract. Adapt this model form to fit your needs and specific law. Not recommended for use by non-attorney.
Declaratory Judgment Act With Insurance In Maricopa
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State:
Multi-State
County:
Maricopa
Control #:
US-000279
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Word;
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FAQ
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.
They are generally requested when a lawsuit is threatened but before the lawsuit is actually filed, when a conflict might exist between a party's or parties' rights under law or under contract and as a way to prevent multiple lawsuits from the same plaintiff.
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.
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.
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.
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.
41-1034 - Declaratory judgment. A. Any person who is or may be affected by a rule may obtain a judicial declaration of the validity of the rule by filing an action for declaratory relief in the superior court in Maricopa county in ance with title 12, chapter 10, article 2.
More info
A declaratory judgment is a legal tool that allows a court to make a statement or ruling on a legal issue or dispute without necessarily awarding damages. If you are starting the case, you are the Plaintiff.The Defendant is the party you are suing. This matter arises under the Arizona Declaratory Judgments Act, A.R.S. §121831, et. seq. That case simply dealt with the question of whether an actual controversy had arisen in the context of the federal Declaratory Judgment Act (28 U.S.C. § 400). Here you will find forms for every case type. Forms for filing a case, answering a summons, entering a plea, even asking for a continuance or for an appeal. A declaratory judgment action is a type of lawsuit that allows businesses and individuals to seek a court's conclusive ruling on an uncertain legal issue. Declaratory judgment may move for a summary judgment in the party's favor upon all or any part thereof.