Topic
Declaratory Judgment
291 published works
Prosecution First Blog
Special Verdicts and Instructions Result in Affirmance of District Court Denying Covidien’s Post-Trial Motion for Declaratory Judgment
By Publisher
In Covidien LP v. Brady Esch, 2021 U.S. App. LEXIS 10155 (Ct. App. First Circuit, April 8, 2021), the Court of Appeals for the First Circuit (Judges Howard, Thompson, and…
Zalma on Insurance
No Occurrence, Defendants Not Insureds & Failure to Appear Require Default Judgment
By Barry Zalma
Failure to Respond to Complaint Served on Defendants Requires Judgment in Favor of Plaintiff When an insurance company decides it has no coverage for defense and indemnity after a claim…
Wiley Executive Summary
Insurer Has Duty to Defend Suits Seeking Only Declaratory and Injunctive Relief
An Illinois appellate court has held that a professional liability insurer has a duty to defend suits seeking only declaratory and injunctive relief, even though the suits did not allege…
Zalma on Insurance
RFIP – When the Full Policy is Read by the Court Common Sense Prevails
By Barry Zalma
Wise Insurer Settles Third Party Suit and then Resolves Coverage Issue by Declaratory Relief Action It is the obligation of every liability insurer to protect the interests of its insured.…
Zalma on Insurance
One Request for Declaratory Relief is all that is Needed
By Barry Zalma
Policy Changes Must Be Agreed to by Both Parties Plaintiff Pilkington North America, Inc. (“Pilkington”), a Delaware manufacturer, moved to dismiss counterclaims brought by Defendant Mitsui Sumitomo Insurance Company of…
Tort Talk
Judge Crafts Remedy in Coverage Action So that Injured Party is Not Left Out of the Fight
In the case of Crum & Forster Specialty Ins. Co. v. Strong Contractors, Inc., No. 2:19-CV-03519-JD (E.D. Pa. Sept. 18, 2020 DuBois, J.), the court addressed issues surrounding an injured…
Tort Talk
Eastern District Court Remands Motor Vehicle Accident Insurance Coverage Question Back to State Court
In the case of Gibbons v. Mid-Century Insurance Company, No. 20-3381 (E.D. Pa. Sept. 24, 2020 Kenney, J.), the Court granted a Motion to Remand a motor vehicle accident insurance…
The Fiduciary Litigator
Court Had Jurisdiction To Declare That The Majority Of Co-Trustees Had The Authority To Sell Trust Property And The Declaration Was Proper
[caption id="attachment_1456" align="alignright" width="211"] Selected by Texas Bar Today as a "Top 10 Blog Post"[/caption] In Duncan v. O’Shea, three co-trustees brought a declaratory judgment action against a fourth co-trustee,…
Zalma on Insurance
Even Creative Pleading Attempting to Tap Insurance Money Sexual Molestation is Never Covered
By Barry Zalma
Amended Complaint That May Have Been Revised For The Sole Purpose Of Reaching The Insurance Policy Proceeds Must Still be Given Serious Attention In Liberty Mutual Fire Insurance Company v.…
Wiley Executive Summary
Insurer Waived Right to Assert Policy Exclusion First Raised in Answer to Declaratory Judgment Complaint
The U.S. District Court for the Southern District of New York, applying New York law, has concluded that an insurer waived the right to assert a policy exclusion as a…