Topic
Declaratory Judgment
291 published works
Oklahoma Insurance Law
Bubba’s House Fire Claim Denied By His Insurance Company
I guess about anyone could see it coming, Bubba's insurance company denied his house fire claim. The insurer, Wewoka Worldwide Insurance finished its investigation and mailed Bubba a denial letter,…
Oklahoma Insurance Law
Bubba Sued With A Declaratory Judgment Action By His Own Insurance Company
Bubba had "another one of them envelopes" sitting down at the Post Office. The lady wouldn't let him peek at this one either. He figured it was the "declaration of war…
The Policyholder Perspective
A Flush Beats a Straight and Excess Other Insurance Beats Pro Rata Other Insurance
By Mike Sampson
W9/PHC Real Estate LP and Grubb & Ellis Management Services, Inc. v. Farm Family Casualty Insurance Co., N.J. App. Div. May 20, 2009 In a declaratory judgment action presented to…
Delaware Corporate & Commercial Litigation Blog
Chancery Court Transfers Declaratory Judgment Complaint to Superior Court Due to Lack of Equity Jurisdiction
Tunnell Companies, LP v. Delaware Division of Revenue, No. 2450-VCL (July 13, 2009), read letter decision here. This short two-page letter decision transferred a complaint to the Delaware Superior Court…
Chicago IP Litigation
Patentholder Cannot Use Government Co-Owner to Avoid Declaratory Suits
SourceOne Global Partners, LLC v. KGK Synergize, Inc., No. 08 C 7403, Slip Op. (N.D. Ill. May 13, 2009) (Schenkier, Mag. J.). Judge Schenkier denied declaratory judgment defendant KGK's motion…
The Policyholder Perspective
Have NJ Court Rules, Will Travel: NJ Court Holds Insurer Must Pay Counsel Fees Incurred in Illinois Declaratory Judgment Action
By Dan Winters
On June 5, 2009, in response to the appeal filed by Myron Corporation, a New Jersey appellate court held that Atlantic Mutual Insurance Corp. was responsible for Myron’s counsel fees…
Chicago IP Litigation
Alleged TM Owner’s State of Mind is a Question of Fact
SPSS Inc. v. Nie, No. 08 C 66, Slip Op. (N.D. Ill. Apr. 2, 2009) (Darrah, J.). Judge Darrah denied the parties' cross-motions for summary judgment. Plaintiff SPSS sought a…
InsureReinsure
Supreme Court of Texas Strictly Applies Eight-Corners Rule to Coverage Dispute, Declines to Consider Extrinsic Evidence
The Supreme Court of Texas recently affirmed summary judgment in favor of an insurer in a declaratory judgment action, holding that the allegations in the underlying complaint against its insured…
Florida Insurance Blog
4th DCA Rules that Declaratory Judgment Action Cannot be Stayed Pending Trial of Wrongful Death Case
By Mark Nation
The Estate of Reinaldo de Morales sued Donel Enterprises for negligently causing Mr. de Morales’s death. Donel defended by claiming it was de Morales’s employer and thus entitled to workers…
Mass Tort Litigation Blog
The Hartford Files a Declaratory Judgment Action Against Peanut Corp. of America
By joetort
Illustrating another angle in the complicated relationship between insurance and mass torts, the Hartford has filed a declaratory judgment action against the Peanut Corporation of America, presumably to avoid paying…