Nebraska Complaint for Recovery of Monies Paid and for Declaratory Judgment as to Parties' Responsibility and Subrogation

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US-000279
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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.

A Nebraska Complaint for Recovery of Monies Paid and for Declaratory Judgment as to Parties' Responsibility and Subrogation is a legal document filed in the state of Nebraska to seek recovery of previously paid funds and to determine the liability of the parties involved. This complaint can be utilized in various situations, including: 1. Insurance Claims: If an individual or entity has made payments to an insurance company for coverage or a claim, but the insurance company fails to honor its responsibilities, a complaint can be filed to recover the money paid and seek a judgment that clarifies the responsibility of the parties involved. 2. Contract Disputes: When there is a dispute between parties regarding the payment or reimbursement of funds, this type of complaint can be filed to recover the monies paid and obtain a declaratory judgment regarding the parties' obligations and liabilities under the contract. 3. Subrogation Claims: In situations where one party has made payments on behalf of another and wants to be reimbursed for those payments, a complaint for recovery of monies paid and for declaratory judgment can be filed, specifying the subrogation rights and seeking a judgment regarding the responsibility of the parties involved. Keywords: Nebraska, complaint, recovery, monies paid, declaratory judgment, responsibility, subrogation, insurance claims, contract disputes, reimbursement, subrogation rights. Note: It's important to consult an attorney or legal professional for specific legal advice and to tailor the complaint to the specific circumstances of the case. This content serves as general information only and should not be considered legal advice.

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Thus, a declaratory judgment action that is nothing more than an anticipatory defense to a breach of contract claim may be an inappropriate use of the declaratory judgment mechanism. Given that courts have discretion whether to entertain a declaratory judgment action, they may decline to do so under such circumstances.

For example, a declaratory judgment action could be brought to determine party rights and obligations under a contract or to establish the validity of a patent. Under Article III of the U.S. Constitution, a federal court may only issue a declaratory judgment when there is an actual controversy.

Nebraska Criminal Statute of Limitations at a Glance Nebraska has no time limit for the state to file charges of murder, treason, arson, or forgery, but most felonies carry a three-year statute of limitations. There's an 18-month time limit for most misdemeanors.

The 2-year statute of limitations is not tolled where the plaintiff discovers the alleged negligence within 2 years of the allegedly negligent act or omission, and therefore, a professional negligence action is barred unless filed within 2 years of the occurrence of such act or omission.

Third-party claims; subrogation. When a third person is liable to the employee or to the dependents for the injury or death of the employee, the employer shall be subrogated to the right of the employee or to the dependents against such third person.

Nothing in the Nebraska Workers' Compensation Act shall be construed to deny the right of an injured employee or of his or her personal representative to bring suit against such third person in his or her own name or in the name of the personal representative based upon such liability, but in such event an employer ...

In the state of Nebraska, most personal injury cases have a four-year statute of limitations. For assault and battery or defamation, however, the statute of limitations is one year. These are considered intentional torts.

Declaratory relief refers to a court's declaratory judgment stating the rights of parties without ordering any specific action or listing awards for damages.

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Description of Claim: Provide a brief description of why you are suing the person(s). Provide information on the money you feel is owed to you and/or the exact ... Your court may allow the judgment debtor to make payments through the county court. The clerk of the court has forms available to assist the judgment creditor ...A declaratory judgment action is to declare the rights, status, or other legal relations between the parties. Bentley v. School Dist. No. 025, of Custer County, ... Mar 1, 1994 — Bartunek sought a declaratory judgment that Hormel had no subrogation rights in a $45,000 judgment ... recover its subrogation interest in this ... by CE Medill · 2017 · Cited by 2 — court action, the insurance company filed a second amended and re- stated complaint in federal court seeking a declaratory judgment that the participant's ... (1) The validity of any rule or regulation may be determined upon a petition for a declaratory judgment thereon addressed to the district court of Lancaster ... Some of the forms, such as the form for a generic complaint, apply to different types of cases. Others apply only to specific types of cases. Be careful to use ... (B) The reimbursement or subrogation is paid only from the total amount of the recovery in excess of the amount that fully compensates for the injured person's ... In a suit for a declaratory udgment, the court in allowing attorney's fees stated that under the statute a "recovery is had" and insurance company is liable for ... Dec 6, 2010 — Bureau of Narcotics, 403 U.S. 388 (1971), the Supreme Court allowed the district courts to infer a personal liability remedy for money damages.

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Nebraska Complaint for Recovery of Monies Paid and for Declaratory Judgment as to Parties' Responsibility and Subrogation