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Declaratory Judgment

291 published works

  1. Property Insurance Coverage Law Blog

    Importance Of An Actual Controversy Demonstrated As Southern District Court Of Florida Dismisses And Stays Action Against QBE As Speculative

    By Shaun Marker

    The Southern District Court of Florida recently dismissed a policyholder’s case against QBE and granted a stay of the action in a lawsuit stemming from Hurricane Wilma. Garden-Aire Village South…

  2. Property Insurance Coverage Law Blog

    A Lawyer’s Loss — Understanding Business Interruption Claims, Part 60

    By Eryca Schiffman

    It is always interesting to read cases where attorneys are parties to a lawsuit. I always expect and anticipate creative arguments and I am rarely disappointed for we are wordsmiths…

  3. Florida Insurance Blog

    Dec Action Filed Seeking Declaration Concerning Amount of Available UM Benefits

    By Mark Nation

    Our client bought car insurance from Nationwide.  A few years later, Nationwide transferred the insurance to Allied insurance, a subsidiary of Nationwide.  Later, our client was injured in an automobile accident…

  4. Florida Insurance Blog

    Subject Matter Jurisdiction in Declaratory Judgment Actions

    By Mark Nation

    I have no idea why this keeps coming up.  I have handled literally 100's of dec actions in County and Circuit Court.  Every once in a while, the insurance company's lawyer…

  5. Reverse & Render

    Open Records and Declaratory Relief

    By Mike Northrup

    The City of Dallas challenged the standing of the Dallas Morning News to sue for mandamus relief under the Texas Open Records Act because two Morning News reporters had made…

  6. Insurance Law Hawaii

    Fees Not Available Under Hawaii’s Assumpsit Statute for Declaratory Judgment Actions

    By Tred R. Eyerly

       The Hawaii Intermediate Court of Appeals overturned an award of attorney fees in a declaratory relief action filed by the insurer.  See Allstate Ins. Co. v. Silva, 2010 Haw.…

  7. Florida Insurance Blog

    Coverage Action Filed on Behalf of Home Owners Association

    By Mark Nation

    My client, a home owners association (HOA), was sued by one of the home owners in its community.  The HOA submitted the claim to its errors and omissions insurance carrier. …

  8. Insurance Law Hawaii

    Insurer’s Declaratory Judgment Action Regarding Insured’s Lack of Cooperation Allowed to Proceed

    By Tred R. Eyerly

       Should an insurer be allowed to pursue a federal action for declaratory judgment on its duty to defend where the insured has failed to cooperate in numerous underlying state actions against it?  The Fifth…

  9. Florida Insurance Blog

    Lawsuit Filed to Force Insurer to Pay for Sewage Loss

    By Mark Nation

    My client had a back up of raw sewage into his home from a blockage in a plumbing line.  He insures his home with American Traditions.  The insurance company denied the…

  10. Civil Procedure & Federal Courts Blog

    Bray on Preventative Litigation

    By Civil Procedure & Federal Courts Blog

    Samuel Bray (Stanford Law School) has posted Preventative Adjudication to SSRN.Abstract:     This Article identifies, justifies, and explains the parameters of a largely ignored but important category of cases - what…