Co. v. Delaney, 386 S.W.2d 648 (Tex. The Federal Declaratory Judgment Act creates a remedy, not a basis for jurisdiction. 1991), affd in part, 961 F.2d 213 (5th Cir. After the federal court ruled in favor of Nautilus, holding that it did not owe a duty to defend, Nautilus filed a motion for recoupment of its defense costs. Amended by Acts 1987, 70th Leg., ch. P. 76A; 192.6(b)(5). App.Houston 1965, writ refd n.r.e.) insured that the insurer's defense of the action against the insured . 1968) (J. Smith, dissenting). Insurers should also be sure to expressly reserve their right to recoup the costs in their coverage position letters. Clearly, the insurer should be entitled to discovery of anything that has been discovered in the underlying suit. 1992), cert. For instance, when it is clear that a ruling on the merits of plaintiff's claims would . <> relation to an action brought by a party with no apparent justiciable interest. The court recognized that the insurer was defending, but the coverage issue would not be litigated in the underlying case, so declaratory relief was appropriate. 120.53. App.Houston [1st Dist.] Co. v. Merchants Fast Motor Lines, Inc., 939 S.W.2d 139 (Tex. Co. v. River Entertainment, 998 F.2d 311, 315 (5th Cir. A Texas court may also enjoin the litigants from moving forward on the same issues in any other jurisdiction. Co. v. Burch, 442 S.W.2d 331, 337 (Tex. at 313. App.Houston [1st Dist.] 37.006. Subscribe to Justia's Free Newsletters featuring summaries of federal and state court opinions. denied). In this instance, both state and federal courts have readily allowed the use of extrinsic evidence to determine the duty to defend. Group, 946 F.Supp. Suite 400 Inasmuch as it often involves only an issue of law on undisputed or relatively undisputed facts, it operates frequently as a summary proceeding, justifying docketing the case for early hearing as on a motion, as provided for in California (Code Civ.Proc. Twenty-Fifth Floor - Plaza of the Americas Genl Agency v. Cooper, 952 S.W.2d 861 (Tex. denied); Ranger Ins. The federal act allows the court to declare the rights of any interested party.. 1978). On the other hand, the existence of another remedy, or unresolved issues, does not preclude declaratory relief. Co. v. Boll, 392 S.W.2d 158, 161 (Tex. A justiciable controversy requires a real and substantial controversy over tangibles interests, and not merely a theoretical dispute. aspects of insurance coverage including directors and officers liability, professional liability, 1993); American States Ins. DECLARATIONS RELATING TO TRUST OR ESTATE. )1^Hl]TgxY8Ubs,! 9@Dyp*l8sA!N\X App.San Antonio 2019). (although judgment reversed on coverage, no indication courts refusal to award fees to either party was abuse of discretion). See Natl Union Fire Ins. The Law Dictionary is not a . See, e.g., Wilton v. Seven Falls Co., 515 U.S. 277, 286 (1995). Sec. 4 0 obj <>/ProcSet[/PDF/Text/ImageB/ImageC/ImageI] >>/MediaBox[ 0 0 612 792] /Contents 12 0 R/Group<>/Tabs/S/StructParents 1>> (4) to determine rights or legal relations of an independent executor or independent administrator regarding fiduciary fees and the settling of accounts. The landowner-appellant appealed a declaratory judgment excluding guests of his commercial lodge from freely using reserved lot areas on some property (essentially gutting the commercial. PDF Affirmative and Defensive Pleadings in Insurance Coverage and Bad Faith Co., 502 S.W.2d 232 (Tex. 855, Sec. An action or proceeding is not open to objection on the ground that a declaratory judgment or decree is prayed for. However, in American W. Home Ins. : the evidence and arguments presented supporting the defendant's opposition see also accord, alibi . App.Fort Worth 1992, writ denied) (insurer not estopped by failing to have declaratory judgment determined before judgment in underlying case).
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