Topic
Declaratory Judgment
291 published works
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…
Property Insurance Coverage Law Blog
A Lawyer’s Loss — Understanding Business Interruption Claims, Part 60
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…
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…
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…
Reverse & Render
Open Records and Declaratory Relief
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…
Insurance Law Hawaii
Fees Not Available Under Hawaii’s Assumpsit Statute for Declaratory Judgment Actions
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.…
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. …
Insurance Law Hawaii
Insurer’s Declaratory Judgment Action Regarding Insured’s Lack of Cooperation Allowed to Proceed
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…
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…
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…