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 Sample With Replacement In North Carolina
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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.
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.
An example of a declaratory judgment in an insurance situation may occur when a policyholder and an insurer disagree about whether a particular claim is covered under the insurance policy. For instance, suppose a homeowner files a claim with their insurance company for damages to their home caused by a storm.
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.
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.
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.
For example, a policyholder believes that their denied claim is unjust. As a result, they inform the insurer that they are considering a lawsuit to recover losses. The insurer seeks a declaratory judgment to clarify its rights and obligations with hopes of preventing the lawsuit.
Declaratory judgments are considered legally binding and any party in a contract can petition the court to have its rights and obligations defined by the court.
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 ...
Rule 23. Class actions. (a) Representation. - If persons constituting a class are so numerous as to make it impracticable to bring them all before the court, such of them, one or more, as will fairly insure the adequate representation of all may, on behalf of all, sue or be sued.
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Please complete the COMPLAINT FOR DECLARATORY JUDGMENT enclosed in this Packet and sign it in the presence of a Deputy Clerk or Notary Public. View on Westlaw or start a FREE TRIAL today, § .A declaratory judgment that North Carolina's certificateofneed law, N.C. Gen. Stat. By their Motion for Partial Summary Judgment ("Motion"), brought pursuant to North Carolina Rule of Civil Procedure 56, Plaintiffs seek a declaratory. Summary Judgment as to Plaintiffs' Claims and as to Defendants' Counterclaim for. Plaintiff then amended his class action complaint to only seek a declaratory judgment regarding an open price term in the hospital's patient consent form. 13 Plaintiffs alleged the following claims for relief ("Claim(s)"): First Claim for. The Court should exercise its authority under N.C. Rule of Civ. Proc. 60(b)(3), (4) and (6) to declare the. Plaintiffs filed a motion for partial summary judgment as to certain of their claims for declaratory relief on 17 February 2004.