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.
Motion For Declaratory Judgment Sample 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.
Example of Declaratory Judgment 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.
The court would then interpret the contract and define the rights of both parties, offering a legal resolution without the need for a traditional lawsuit. Declaratory judgments are powerful because they provide clarity without requiring one party to be in breach of a contract or to have committed a legal violation.
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.
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.
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.
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Pertinent to the present Motion,. View on Westlaw or start a FREE TRIAL today, § .Under North Carolina law, litigants can fill out the courtcreated forms on their own. Declaratory Judgments. When the record reveals the lack of a basis for declaratory relief, a Rule 12(b)(6) motion may be granted against a declaratory judgment claim. Plaintiff seeks a declaratory judgment that the term "Holy Scriptures" as set out in. Please complete the COMPLAINT FOR DECLARATORY JUDGMENT enclosed in this Packet and sign it in the presence of a Deputy Clerk or Notary Public. 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. The Complaint purports to seek a declaratory judgment regarding (1) the applicability of N.C. Gen. Stat. North Carolina Constitution, and North Carolina's Declaratory Judgments Act, N.C. Gen. Stat.