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Declaratory Judgment

290 published works

  1. Insurance Law Hawaii

    Insured’s Motion to Dismiss Insurer’s Counterclaim Rejected as Premature

    By Tred R. Eyerly

    The insured's motion to dismiss the insurer's counterclaim because it was redundant was dismissed as premature. Pulte Homes of New Mexico, Inc., 2026 U.S. Dist.. LEXIS 205627 (D. N. M.…

  2. Commercial Case Notes

    Defendant That Successfully Obtained Dismissal of Declaratory Judgment Cause of Action Entitled to Declaratory Judgment in its Favor

    By John Lundin

    On October 7, 2026, the Second Department issued a decision in RMX Foods, Inc. v. Adelson, 2026 NY Slip Op. 05819, holding that a defendant that successfully obtained dismissal of…

  3. Insurance Law Hawaii

    Insurer’s Motion to Dismiss Bad Faith Claim Denied

    By Tred R. Eyerly

    The court denied the insurer's motion to dismiss the insured's claim for breach of the covenant of good faith and fair dealing, but granted the motion to dismiss the claim…

  4. Insurance Law Hawaii

    Insured May Seek Declaratory Relief Against Excess Carriers Even if Underlying Policies Not Exhausted

    By Tred R. Eyerly

    The California Supreme Court concluded that the insureds could state a cause of action for declaratory relief regarding coverage under an excess policy even though all of the underlying policies…

  5. California Public Safety Labor Blog

    California Supreme Court Clarifies Declaratory Relief Under the CPRA and Rejects an Implied Three-Year Retention Duty Under the CPRA

    By Mastagni Law

    On January 15, 2026, the California Supreme Court issued its decision in City of Gilroy v. Superior Court, 19 Cal. 5th 38 (2026). Writing for a unanimous Court, Chief Justice…

  6. Zalma on Insurance

    USDC Refuses to Rule in Case With Same Issues in State Court

    By Barry Zalma

    Federal Court Should Not Conflict With State Court Action Post 5432 New Mexico State Lawsuits Cannot be Confused with a Federal Declaratory Relief Action In Old Guard Insurance Co. v.…

  7. Zalma on Insurance

    The Exhaustion Of Underlying Insurance Is Not Necessary For An Actual Controversy To Exist Regarding Coverage Under An Excess Insurance Policy

    By Barry Zalma

    Declaratory Relief Was Neither Unnecessary Nor Improper Under The Circumstances Post 5423 In Fox Paine & Company, LLC, et al. v. Twin City Fire Insurance Company et al., S287404, Supreme…

  8. InsureReinsure

    California Supreme Court Allows Declaratory Relief and Bad Faith Claims to Proceed Against Excess Insurers Before Underlying Exhaustion

    By Steven D. Allison, Sheila Z. Chen, Terrence R. McInnis, Samrah Mahmoud, Brooke Lindsey, Christy Markos

    Key Points The California Supreme Court unanimously held in Fox Paine & Company, LLC v. Twin City Fire Insurance Company that insureds may seek declaratory relief against excess insurers before…

  9. Commercial Case Notes

    Court Should Issue Declaration When Dismissing Cause of Action for Declaratory Judgment

    By John Lundin

    On July 1, 2026, the Second Department issued a decision in Wellpath Holdings, Inc. v. XL Ins. Am., Inc., 2026 NY Slip Op. 04229, holding that when there are no…

  10. Covering Appeals

    Federal Appellate Jurisdiction in Insurance Declaratory Judgment Actions Addressed by Eleventh Circuit

    By Wystan Ackerman

    A recent decision of the U.S. Court of Appeals for the Eleventh Circuit provides some important pointers for insurers and their appellate counsel about appealing decisions in declaratory judgment actions.…