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 Sacramento
Category:
State:
Multi-State
County:
Sacramento
Control #:
US-000279
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Word;
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FAQ
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.
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.
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.
Any person interested under a written instrument, excluding a will or a trust, or under a contract, or who desires a declaration of his or her rights or duties with respect to another, or in respect to, in, over or upon property, or with respect to the location of the natural channel of a watercourse, may, in cases of ...
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.
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.
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.
N. a true legal dispute which leads to a genuine lawsuit rather than merely a "cooked up" legal action filed to get a court to give the equivalent of an advisory opinion.
The declaratory judgment is generally considered a statutory remedy and not an equitable remedy in the United States, and is thus not subject to equitable requirements, though there are analogies that can be found in the remedies granted by courts of equity.