declaratory judgment texas family law

App.San Antonio 1998, pet. (no right to new trial because of amended petition where suit brought and determined based on prior petition). Many of our sample motions are here in electronic form. denied). E.g., Cluett v. Medical Protective Co., 829 S.W.2d 822, 826 (Tex. Co. v. Hood, 895 F.Supp. Civ. JURY TRIAL. The controversy is ripe, because the insurer is called upon to defend, and because the existence of coverage may impact the outcome of the suit. denied). 1997), the Supreme Court reaffirmed the complaint allegation rule, with dicta suggesting that the exception for extrinsic evidence would be narrowed. <> Federal courts have broad discretion as to whether to retain jurisdiction or dismiss declaratory judgment actions. Guar. 45 (N.D. Tex. He then filed a lawsuit seeking a declaratory judgment that Allstate owed him the difference between the settlement . 1993) (whether accident arose from liquor liability); Acceptance Ins. 2023 Thompson, Coe, Cousins & Irons, LLP. Code 6.305 (a) (1)- (2). dYU1oprU.:1FlU;{~_%uIMT6cHE 7o1E-j=E.s nR&%*%")QmLd~s`MF_]jd%DhjP1h 4 z#G?o 0Xj[f e /R&K(KX K$ TBu /5v+nA%. (A) A person interested under a deed, will, written contract, or other writings constituting a contract or whose rights, status, or other legal relations are affected by statute, municipal ordinance, contract, or franchise may have determined any question of construction or validity arising under the instrument, statute, ordinance, contract or franchise and obtain a declaration of rights, status, or other legal relations there under. You may use the information for your individual case only. Cluett v. Medical Protective Co., 829 S.W.2d 822, 826 (Tex. There are exceptions, of course. 2201, and further provides for a jury trial. & Rem. 8. Co. v. Block, 744 S.W.2d 940, 943 (Tex. Ins. 1996) (nevertheless refraining from determining coverage for indemnity, on the basis of judicial economy). 1, eff. See Farmers Tex. . 1995). See Tri-Coastal Contractors, Inc. v. Hartford Undwrs Ins. Read this complete Texas Estates Code - EST 257.101. Tex. Foust v. Ranger Ins. App.Austin 1999, pet. Tex. Co. v. Cowan, 945 S.W.2d 819 (Tex. 37.002. 19821 DECLARATORY JUDGMENTS IN TEXAS their statutory law. V 8). The march towards a nation-wide fulfillment of the concept suf-fered a temporary setback in 1910 by the decision of the Supreme Court of the United States in Muskrat v. United States. The district court dismissed the declaratory action on the defendants motion based on 28 U.S.C. 1968). endobj Determination of title is only dispute to be raised by declaratory judgment. Rules 38 and 39 govern a demand for a jury trial. PRAC. The firm's new office location is 5601 Bridge Street, Suite 300, Fort Worth, Texas 76112. . To establish federal jurisdiction in a declaratory judgment action, two conditions must be satisfied. Section 6.204 of the Texas Family Code still states that same-sex marriages are void, but that law is no longer enforceable. An action or proceeding is not open to objection on the ground that a declaratory judgment or decree is prayed for." - Texas Uniform Declaratory Judgments Act 713-403-8210, 601 Poydras Youell & Cos v. Getty Oil Co., 510 U.S. 820 (1993); Service Mutual Ins. 1998). 37.002 (b) (Vernon 2008); see Bonham State Bank, 907 S.W.2d at 467; Indian Beach Property Owners' Ass'n v. 39 F.3d at 591. Declaratory Judgment These rules govern the procedure for obtaining a declaratory judgment under 28 U.S.C. Civ. Co. v. Patriot Sec., Inc., 926 F.Supp. Over the past few decades, Texas family lawyers have engaged in a legal fiction: Let's tie a bow around the package of a partition and exchange agreement by seeking to have the agreement made the subject of a declaratory judgment action. at 468. Co. v. Burch, 442 S.W.2d 331, 337 (Tex. Pursuant to 37.003, a declaration may be either affirmative or negative in form and effect. Group, Inc., 946 F.Supp. at 1280 (insurer not precluded from relitigating course and scope of employment). Arbitration is not used very often in Texas family law cases. d) The court may also grant summary judgment against the moving party, if appropriate. 7) whether the federal court is being called on to construe a state judicial decree involving the same parties and entered by the court before whom the parallel state suit between the same parties is pending. Further relief based on a declaratory judgment or decree may be granted whenever necessary or proper. 959, Sec. <> Rule 57, FED. K-yXHMKS mmgOT}|aMz0. SUBJECT MATTER OF RELIEF. 1974, no writ). Ohio Cas. 0 App.Dallas 2001, pet. See Granite State Ins. Co. v. Deering Mgmt. Co., 143 F.3d 192 (5th Cir. Co. v. Trejo, 39 F.3d 585, 590 (5th Cir. Despite the insurers right to review any such documents without waiver of the privilege, and the likelihood that defense counsels concerns would be abrogated by the right to conduct discovery, there is still a question as to what extent defense counsels opinions or observations would be relevant to coverage. Co. v. Gandy, 925 S.W.2d 696 (Tex. Co., 96 S.W.3d 673 (Tex. Similarly, courts have held that an insurance company has no right to intervene in the liability action against the insured to seek a coverage determination. Genl Ins. 1997) (whether vehicle was owned by insured); Harken Exploration Co. v. Sphere Drake Ins., PLC, 261 F.3d 466 (5th Cir. 2201, and further provides for a jury trial. Id. Co. of Texas, 1998 Tex. September 1, 2007. A binding adjudication of the rights and status of litigants even though no consequential relief is awarded. The issue becomes more murky when allegations triggering coverage are alleged, but are in conflict with the actual facts. Co. of Texas v. Erskine, 169 S.W.2d 731 (Tex. 1941); and there is every reason for not reducing declaratory . Under federal law, the Declaratory Judgment Act, itself, does not authorize attorneys fees. DECLARATIONS RELATING TO TRUST OR ESTATE. Civ. Tex. may declare the rights. You want to get the most out of these motion arguments, so make sure you do step 1 and 2 as well. Co. v. Tilley, 484 S.W.2d 802, 806 (Tex. Cf. Tex. A fee award is not mandatoryunder the UDJA . In re Houston Specialty Insurance Co., 569 S.W.3d 138 (Tex. final decision in the case instead of a judge. If done right, it can save parties to a probate dispute time and money, and avoid the uncertainty of litigation. R. CIV. Amount in Controversy SUBJECT MATTER OF RELIEF. Please avail yourself of these resources before seeking a consultation. App.Austin 1998, no pet. xko9.ou _:=;0b+w)m3]WTy:>yYWOv]vs|?V~>zw"{}v~eM/XVY&R~Eou6Wv/ *]nT:^\-G:[A? The county where the contract was formed may also be a proper venue. 4 Among the statutes allowing for award of attorney's fee s is the following non-exhaustive list: 5Civil Practice & Remedies Code. v. Mitchell, 138 F.3d 208, 210 (5th Cir. 1, eff. Court refused this collateral attack on prior judgment by declaration. (4) to determine rights or legal relations of an independent executor or independent administrator regarding fiduciary fees and the settling of accounts. The focus is on the factual allegations that show the origin of damages, rather than the legal theories alleged. Background This case involves a dispute over a . DEFINITION. 1998), overruled on other grounds, State Farm Fire & Cas. [ii]Civil Practice and Remedies Code Declaratory Judgments Sec 37.002 and Sec 37.003 (c) (c) The enumerations in Sections 37.004 and 37.005 do not limit or restrict the exercise of the general powers conferred in this section in any proceeding in which declaratory relief is sought and a judgment or decree will terminate the controversy or remove an uncertainty. 3. Co., 95 S.W.3d 702 (Tex. The Act provides you with a mechanism to get a ruling from the court before you are dragged through costly litigation. Sept. 1, 1985. Prac. The complaint allegation rule can pose a problem with declaratory relief. P., also addresses declaratory judgments, by reference to 28 U.S.C. In Wade, the insurer argued that it was not challenging the veracity of the facts alleged, but had a defense independent of the pleadings. Civ. 10 0 obj 1999) (insureds motion to transfer erroneously granted); Southern County Mut. !`g)a00-k@@eU Co., 316 U.S. 491 (1942); Wilton, 515 U.S. 277. 1998); Monticello Ins. Local venue flavor/influences II. Sec. Co., 975 S.W.2d 329 (Tex. denied), the court held it was permissible, and not purely advisory, to determine the number of occurrences involved in the underlying litigation. 2 0 obj See United Services Life Ins. <> Id. There are literally dozens of statutes in Texas law that provide for the recovery of attorney's fees, usually as part of a judgment. 1995); but cf. She enables parents and attorneys to assert rights and convert the constitutional principles into everyday practice and natural language. The insurer denied defense based on the liquor liability exclusion and filed a declaratory judgment action. Ins. App.Dallas 2001, pet. Acts 2007, 80th Leg., R.S., Ch. The claims involved crop-dusting, which allegedly damaged abutting fields because of herbicide drift. 4 0 obj The El Paso Court of Appeals recently considered Eggemeyer v. Hughes, a case involving a disputed boundary line. Ins. Co. v. Bailey, 133 F.3d 363, 368 (5th Cir. App.Dallas 2001, pet. Citing the Travelers case, the court recited the relevant factors the court must consider in determining whether to dismiss a declaratory judgment action: 1) whether there is a pending state action in which all of the matters in controversy may be fully litigated; 2) whether the plaintiff filed suit in anticipation of a lawsuit filed by the defendant; 3) whether the plaintiff engaged in forum shopping in bringing the suit; 4) whether possible inequities in allowing the declaratory plaintiff to gain precedence in time or to change forums exist; 5) whether the federal court is a convenient forum for the parties and witnesses; 6) whether retaining the lawsuit in federal court would serve the purposes of judicial economy; and. 37 Declaratory Judgments Texas Family Law Manual KFT 1294.T4S7 Ch. Prac. See Firemans Ins. Under this rule, the insurers defense obligations are determined by the allegations of the pleadings and the language of the insurance policy, without regard to the actual facts. Sherry does this through creating and teaching online digital courses, speaking, webinars, and workshops. POWER OF COURTS TO RENDER JUDGMENT; FORM AND EFFECT. See, e.g., State Farm Lloyds v. o FRCP Rule 57. App.Austin 1999, no pet.) SUPPLEMENTAL RELIEF. App.Fort Worth 1998, no pet.) Estates Construction Lane-Jones v. Estate of Not Reported in S.W.3d Houston (14th Dist.) RestoringFreedom2016.com Kash Jackson campaign for defunding Title IV-D, and restoring constitutional parental and child rights. Co. v. Bailey, 133 F.3d 363, 368 (5th Cir. The trial court granted the man's petition for declaratory judgment and declared that the parties were never married to each other. Sec. Co. v. Ochoa, 19 S.W.3d 452 (Tex. Ins. Concho counterclaimed for breach of contract and a declaratory judgment premised on the signed 2008 letter. An action or proceeding is not open to objection on the ground that a declaratory judgment or decree is prayed for. Texas Uniform Declaratory Judgments Act, You can get sample motions here: Declaratory Relief Declaratory Judgment and Rights. . Dallas, TX 75201 <> A court may not, however, refuse to exercise jurisdiction on the basis of a whim or personal disinclination. See, e.g., St. Paul Ins. Co. v. See State Farm Fire & Cas. App.Dallas 1992, writ denied) (insurer not collaterally estopped from challenging findings); United States Fire Ins. Cigna Lloyds Ins. 37.004. There are a number of instances in which extrinsic evidence may be at issue: Extrinsic evidence may be used to show that the person sued does not qualify as an insured, or that the vehicle or equipment in issue is not insured. Advisory opinions are prohibited by both the state and federal constitutions. B. Respondent misstates the current law in Texas. oEN>-BZ=/c]-ZP4U3o>0!f$F = FQfB@DlClYthnA mML.;Emu =uT Congress enacted the Uniform Declaratory Judgments Act in 1922, which was implemented by the National Conference of Commissioners on . 1445(c) and federal abstention principles. Co. v. Quinn-L Capital Corp., 3 F.3d 877 (5th Cir. 31 Except in a case brought under the Family Code or a case governed by Chapter 14 of the Texas Civil Practice and Remedies Code, a party may move to dismiss a cause of action on the grounds that it has no basis in law or fact. 1995). Further, while it is unlikely that an insurer wishes to proceed, without protective order, to establish evidence that demonstrates the insureds liability as the insurer has not yet prevailed on its coverage defenses it is also unclear under what standard the insured should be able to protect otherwise discoverable information, simply because it is damaging. The policy provided limits of $100,000 per occurrence and $200,000 in the aggregate. "Undoubtedly, the degree of control the agreement ultimately exerts over the parties' rights in the . App.Austin 2003, no pet. "A declaratory judgment is appropriate only when there is a justiciable controversy about the rights and status of the parties, and the declaration would resolve the controversy." (Kinnard v. Collin Co Bail Bond (2006) No. 1993); American States Ins. Co. v. Fraiman, 514 S.W.2d 343, 346 (Tex. hb```c`` AX,$)00(IrZ Ny d3Vttt00 1997)2; see also State Farm Lloyds v. While the law is less clear, Federal courts, applying Texas law, have reached a similar conclusion. A federal court cannot, however, stay a pending suit for declaratory relief to allow the parties to re-file suit in state court, as the state court will have no jurisdiction. Eskew, 731 S.W.2d 124, 132 (Tex.App.-Austin 1987, writ ref'd n.r.e.) Co. v. Carmichael, 1998 Tex. If a proceeding under this chapter involves the determination of an issue of fact, the issue may be tried and determined in the same manner as issues of fact are tried and determined in other civil actions in the court in which the proceeding is pending. Ellison sought a declaratory judgment to that effect and also brought claims for trespass to try title, trespass to real property, conversion, unlawful drainage, gross negligence, and nonpayment of oil and gas proceeds. denied); cf. App.Corpus Christi 2003, no writ). A motion for declaratory judgment is an appropriate vehicle for determining the validity of a prenuptial agreement. Acts 1985, 69th Leg., ch. Flexibility of Court in Awarding Fees. (a) This chapter may be cited as the Uniform Declaratory Judgments Act. A marriage might be void for other reasons, but not because the spouses are of the same sex. App.Fort Worth 2000, no pet.). 1991), affd in part, 961 F.2d 213 (5th Cir. 1991). 1978). ), Code of Judical Conduct, Canon 3 B (c) obtaining the advice of a disinterested expert on the law applicable to a proceeding before the judge if the judge gives notice to the parties of the person consulted and the substance of the advice, and affords the parties reasonable opportunity to respond;. In Foust v. Ranger Ins. declaratory judgment action or dismiss the case. App.Houston 1998, pet. This information is not a substitute for an attorney. & Liab. . When an issue has been litigated in the underlying case, when can it be re-litigated in the coverage dispute? Co. v. Tandy Corp., 986 F.2d 94, 95 (5th Cir. 1965, writ refd n.r.e.) 2001) (when lease obtained); Guaranty Natl Ins. & REM. 1993); McLaren v. Imperial Cas. In this chapter, "person" means an individual, partnership, joint-stock company, unincorporated association or society, or municipal or other corporation of any character. One reason proffered is the possibility of inconsistent outcomes. New Orleans, LA 70130 "CI@ { cvO(|t4X & A Texas court may also enjoin the litigants from moving forward on the same issues in any other jurisdiction. 855, Sec. App.Austin 1987, no writ); Safeway Mng. We are posting this information just for educational purposes and not as a practice of law. The federal act allows the court to declare the rights of any interested party.. Bonham State Bank v. Beadle, 907 S.W.2d 465, 467 (Tex. %PDF-1.6 % Added by Acts 2007, 80th Leg., R.S., Ch. See Murray, 437 S.W.2d 264 (Tex. (a) In this section, "state" includes any political subdivision of that state. As with the state act, one of the exceptions allows a federal court to enjoin re-litigation in state court to protect or effectuate its judgments. See Royal Ins. Declaratory Judgment. The crop-dusting involved only one flight, but several passes during which herbicide was released, and during which wind direction and velocity varied. App.San Antonio 1965), affd, 396 S.W.2d 855 (holding state court had no jurisdiction to render advisory opinion while prior suit was pending on appeal in Fifth Circuit, despite federal courts voluntary stay). Therefore, either diversity or federal question jurisdiction must still exist. One common element circuit courts often point to is whether the suit was brought . There is nothing that we find in the Declaratory Judgment Act that precludes you from filing this and asking your court to make this determination while you are in litigation. <>>> declaratory judgment be granted as requested herein, and Plaintiff be awarded costs and reasonable and necessary attorney's fees, and for such other and further relief that may be awarded at law or in equity. %%EOF An insurer should not be held to have waived its right to litigate coverage by defending under reservation of rights, or by delay in filing a declaratory judgment action. App.Austin, Oct. 2, 2003, no pet. We do not guarantee or warrant any of this information. Many of our courses are available here. Tex. at 452-53; but see Tri-Coastal Contrs Inc., 981 S.W.2d at 863 (questioning scope of exception). Further necessary or proper relief based on a declaratory judgment or decree may be granted, after reasonable notice and hearing, against any adverse party whose rights have been determined by such judgment. Civ. App.Corpus Christi 1975, writ refd n.r.e.) App.San Antonio 1998, pet. 37.002 provides that the chapter is remedial: Its purpose is to settle and to afford relief from uncertainty and in security with respect to rights, status, and other legal relations; and it is to be legally construed and administered. The Act does not create or enlarge jurisdiction. Ins. An advantage to arbitration may be the possibility of a quicker trial date, quicker final resolution, and privacy, but arbitration rulings are usually consid-ered final and cannot be appealed. The existence of another adequate remedy does not preclude a declaratory judgment that is otherwise appropriate. One of the factors the courts will review is whether the declaratory action is filed in anticipation of a state court suit. Irwin settled with Alonso's insurance carrier for the $30,000 policy limit. Nevertheless, some courts have concluded that declaratory relief is inappropriate where another cause of action is fully mature and provides an appropriate remedy at law. 1, eff. See, e.g., Western Heritage Ins. The court, in the coverage action, concluded that there was a conflict of interest and a lack of privity, and therefore the insurer was not collaterally estopped from re-litigating the existence of false imprisonment. 1979, no writ) (not justiciable controversy); Boorhem-Fields, Inc. v. Burlington Northern Railroad Co., 884 S.W.2d 530 (Tex. 512-708-8200, 700 North Pearl Street P. 26; Tex. All rights reserved, Declaratory Relief Declaratory Judgment and Rights. Google it and find out how your State has interpreted this remedy. Issues also arise, when the underlying case is still proceeding, as to the extent to which the insurer can discover information which could also be relevant, and potentially damaging, in the underlying liability suit. See Bailey, 133 F.3d at 369 n.4; Travelers Ins. Co., 502 S.W.2d 232 (Tex. (d) In determining whether to grant declaratory relief to a business under this section, a court shall consider: (1) the factual circumstances of the business's operations that give rise to the demand by the other state; and. Ins. Co. v. Merchants Fast Motor Lines, Inc., 939 S.W.2d 139 (Tex. On the other hand, in some instances, principally those in which only indemnity is at issue, or where stay or abstention is likely, there may be no benefit to early filing. 1994). Step 1: Written Notice to Vacate. 2002, no pet. dismd, 507 U.S. 1026 (1993). Because the insurer would be allowed to re-litigate, after the underlying case is resolved, there is no reason to delay the inevitable. Sec. See TEX. The courts have recognized an exception when the liability insurance is statutorily required, and arguably for the benefit of the claimant, such as compulsory auto insurance or workers compensation. See Hartford Ins. Co. v. Merchants Fast Motor Lines, Inc., 939 S.W.2d 139 (Tex. See, e.g., Dairyland County Mut. You can share these posts as long as you are linking to our posts. Co. v. River Entertainment, 998 F.2d 311, 315 (5th Cir. 1 Partner, Scheef & Stone, LLP, Frisco, Texas. A federal anti-injunction also exists. App.Texarkana 1994, no writ) (possibility that liability triggering indemnity would be incurred was a feature hypothetical event, and court had no power to pass upon hypothetical or contingent situation); Fort Worth Lloyds v. Garza, 527 S.W.2d 195 (Tex. See, e.g., Cook v. Ohio Cas. Declaratory judgment actions have been a recognized civil vehicle for more than one hundred years. 2d 719 (S.D. FFC Home Page / 5 Reasons to file a Declaratory Judgment. DECLARATORY JUDGMENTS 37.001. 3. 1998, pet. Id. First, is the constitutional inquiry - the case must be a 'case or controversy' pursuant to. The right to award costs and fees is discretionary, not mandatory. 1992), cert. Co. v. Burch, 442 S.W.2d 331 (Tex. The declaratory action may also bring the coverage issues into focus for the plaintiff, and assist the insured in negotiating settlement. endstream endobj startxref McKee Foods Kingman v. Kellogg Co., 474 F. Supp . Texas, Inc., 64 S.W.3d 497 (Tex. River Entertainment was joined because it owned Pepes where the defendant imbibed. In addition to the county of the defendants residence or principal office, venue is generally deemed proper in the county where the liability suit is pending, or judgment is entered. As amended through January 27, 2023. A trial court has discretion to enter declaratory judgment if it will serve a useful purpose or will terminate the controversy between the parties. Id. If the order resolves the entire action, then the answer is easy. Fam. App.Dallas 2000, pet. The court may refuse to render or enter a declaratory judgment or decree if the judgment or decree would not terminate the uncertainty or controversy giving rise to the proceeding. When there is uncertainty as to the legal obligations or rights between two parties, a declaratory judgment offers an immediate means to resolve this uncertainty. Federal courts are especially reluctant to exercise jurisdiction if there is a parallel state court proceeding even if subsequently filed that includes all necessary parties and will resolve the issues. The author would like to thank the Texas Tech Law School Foundation for its generous support. The declaratory judgment action allows relief, even where another remedy exists. State Farm argued the policy changes were made in Milam County, where the agent was located, and the policy was sold. It has long been recognized that Texas law does not allow recovery of attorneys fees unless authorized by statute or contract. If your state does not have a declaratory judgment statute that provides you the ability to be heard on your constitutional rights consider filing in federal court for this relief. 2003) (finding Texas allows only narrow exception); but see Gonzales v. American States Ins. In this instance, there may be legitimate concerns that the insurers discovery will inure to the benefit of the liability plaintiff, which is likely not in the interest of either the insured or the insurer. See, e.g., Commercial Metals Co. v. Balfour, Guthrie & Co., Ltd., 577 F.2d 264 (5th Cir. (B) asserts a claim that the party seeking declaratory relief is required to collect sales or use taxes for that state based on conduct of the business that occurs in whole or in part within this state. Ins. Still, there are often strategic benefits to filing early. The insurer refused to pay the judgment, on the basis that the insureds conduct constituted a willful violation of a penal statute, and was thus excluded by the policy. 214-871-8200, One Riverway 1997); Trinity Universal Ins. stream 45 . 1271 (N.D. Tex. App.San Antonio 1998, pet. 1994), the court reviewed abstention doctrine in relation to declaratory judgment actions. and that a prior judgment is void. App.Fort Worth 1986, writ refd n.r.e.). In determining amount in controversy, the court may consider policy limits and defense costs, and is not necessarily limited by the damages pleaded in the underlying suit. Sec.A37.003.AAPOWER OF COURTS TO RENDER JUDGMENT; FORM AND EFFECT. App.El Paso 1976, writ refd n.r.e.) Federal courts have typically held that declaratory relief is discretionary, and a federal court has broad authority to stay or dismiss an action seeking a declaratory judgment. 1973) (court had no authority to order declaration against insurer in response to insureds motion for summary judgment on insurers claims); Indigo Oil, Inc. v. Wiser Oil Co., 1998 TEX. 2005); In re Marriage of Byrne, 179 Ill.App.3d 944 (1st Dist. (auto liability insurer seeking declaratory relief was not subject to cross-action by injured party, or consolidation of liability and coverage suit); see also Firemans Ins. 12 0 obj 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. Sec. Civ. Declaratory Judgment Construing Will on Westlaw. Yes*! 504-526-4350, 408 St. Peter Street, Suite 510 37.003. Co. v. Murray, 437 S.W.2d 264, 265-66 (Tex. Co. v. Griffin, 955 S.W.2d 81 (Tex. Here are the requirements: An informal or common-law marriage exists in Texas if the parties (1) agree to be married, (2) live together in Texas as husband and wife after the agreement, and (3) represent to others that they are married. San Antonio, TX 78216 37.006, TEX. : `g`R@, w@T!A4Au~?8\m`g`v4oy@+./`N`p4#fb` w{X0=@ d$ <> The collision was also in Hidalgo County, as was the liability suit. See, e.g., Standard Fire Ins. The Federal Declaratory Judgment Act creates a remedy, not a basis for jurisdiction. endobj Auto Ins. endobj Co. v. Tex. R. Civ. insecurity with respect to rights, status, and other legal relations.". A declaratory judgment is a legal determination by the court, which resolves legal uncertainties in a controversy. While some older cases find an insurer cannot re-litigate facts, if it has wrongfully refused to defend, recent cases have held that an insurer is not bound, in any circumstance, where the facts allegedly establishing coverage are not fully litigated. Co., 981 S.W.2d 889 (Tex. In a straight complaint allegation case, for instance, there should be extremely limited discovery, beyond verification of the pleadings and the policy. 1993); Trinity Univ. " (emphasis added)). Amended by Acts 1987, 70th Leg., ch. App.Corpus Christi 1982, no writ) (could not consider facts of ownership that conflicted with petition); Calderon v. Mid-Century Indem. They cannot file an eviction suit before they give this notice in writing. Allstate Ins. and Laju Patel Beaumont, Texas civil litigation lawyers represented Defendant accused of paying kickbacks. In cases involving duty to indemnify, there may be issues as to whether the indemnity facts were fully litigated in an actual trial, or whether the facts can be re-litigated, construing Gandy and Maldonado. A party seeking to recover upon a claim, counterclaim, or cross-claim or to obtain a declaratory judgment may, at any time after the adverse party has appeared or answered, move with or without supporting affidavits for a summary judgment in his favor upon all . See Owens v. Allstate Ins. A declaration does not prejudice the rights of a person not a party to the proceeding. See, e.g., Stroop v. N. County Mut. Sec. Section 37.003 says that courts of record have within their jurisdiction the "power to declare rights, status and other legal relations whether or not. Ins. LEXIS 8494 (Tex. In Williamson, a jury awarded the claimant damages against the insured for false imprisonment. Thus, an insured can seek an affirmative finding of coverage, or an insurer can seek a negative determination that coverage does not exist. ^9@VXB-'C(SOZ#jGT"1kfWj7i,9^'EJ