App.Corpus Christi 1992, writ denied) (whether boat was being used for business pursuit); International Serv. Co. v. Marathon Ashland Petrol., L.L.C., 87 F. Supp. We are experienced Texas civil litigation attorneys based in Fort Worth who know Texas courts and Texas law. Co., 628 S.W.2d 184 (Tex. Wherefore, Plaintiff prays for judgment against the Defendants as follows: Respectfully submitted, KOONSFULLER, P.C. App.Houston [14th Dist.] (c) Notwithstanding Section 22.001, Property Code, a person described by Subsection (a) may obtain a determination under this chapter when the sole issue concerning title to real property is the determination of the proper boundary line between adjoining properties. ^9@VXB-'C(SOZ#jGT"1kfWj7i,9^'EJ C.M.W., 53 S.W.3d 877 (Tex. Eskew, 731 S.W.2d 124, 132 (Tex.App.-Austin 1987, writ ref'd n.r.e.) "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. The North Dakota Supreme Court concluded the district court lacked subject matter jurisdiction because Appellants failed . V 8). Many of our sample motions are here in electronic form. Co. v. Sassin, 894 F.Supp. 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. Co. v. Deering Mgmt. At issue was a 100-year old agreement regarding the proper boundary line that referred to certain mesquite trees and rock piles, a fence line drawn on a decades-old survey, and the ownership of 90 acres of land. COURT REFUSAL TO RENDER. The court remanded for consideration of these factors. While the law is less clear, Federal courts, applying Texas law, have reached a similar conclusion. A defendant is the side the lawsuit has been filed against.The defendant is the party that may have to pay money damages or perform some other action if the plaintiff wins and the . Litigation in Texas. 1997); Heyden Newport Chemical Corp. v. So. Lazaro C. Olivarez Family Trust Page 3 of 10 Electronically Filed 11/30/2016 4:52:31 PM Hidalgo County District Clerks Reviewed By: Jennifer Sinder b) Judgment No.2: That trustees cannot use trust funds to respond to this motion for declaratory judgments pursuant to page 14 paragraph numbered 20 of the trust documents because the court's . 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. (4) to determine rights or legal relations of an independent executor or independent administrator regarding fiduciary fees and the settling of accounts. <> However, because family settlement agreements are treated as contracts under Texas law, it is important that all of the parties . 1995). 61 Miscellaneous Litigation , Form 61-15: Petition for Declaratory Judgment; Practice Notes 61.10 Declaratory Judgment Dorsaneo's Texas Litigation Guide KFT 1730.T4 Vol. Co. v. Patriot Sec., Inc., 926 F.Supp. A declaration does not prejudice the rights of a person not a party to the proceeding. A marriage might be void for other reasons, but not because the spouses are of the same sex. 1969); see also Allstate Ins. 1993), cert. declaratory judgment action or dismiss the case. <> <> (1) a party seeking declaratory relief that is a business that is: (A) organized under the laws of this state or is otherwise owned by a resident of this state; or (B) a retailer registered with the comptroller under Section 151.106, Tax Code; and (2) a responding party that: (A) is an official of another state; and Through the years, many family lawyers have recommended taking additional steps to assure the sanctity of a partition agreement, including initiating a declaratory judgment action to seek a. 651-389-5000, 10001 Reunion Place Tex. See Bernard v. Gulf Ins. 37.010. REVIEW. Dept. (whether policy was void or loss was covered presented justiciable controversy); American States Ins. Dallas, TX 75201 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. 3.08(a), eff. . 925 S.W.2d at 714. 959, Sec. LEXIS 7982 (Tex. 7/22/14 N/A Yes . See London Mut. When Is a Declaratory Judgment Proper? The petition in the underlying suit was amended, however, and all references to alcohol were deleted. * Associate Professor of Law, Texas Tech University School of Law. Therefore, the claimants should not be necessary or indispensable parties, prior to the settlement or judgment. Step 1: Written Notice to Vacate. declaratory judgment: Statutory remedy for the determination of a Justiciable controversy where the plaintiff is in doubt as to his or her legal rights. In Wade, the insurer argued that it was not challenging the veracity of the facts alleged, but had a defense independent of the pleadings. h.). The Burches were the plaintiffs, and were also the petitioners for declaratory relief. See Farmers Tex. 2003) (finding Texas allows only narrow exception); but see Gonzales v. American States Ins. 2.401 (a) (West 2006) See State Farm Mut. Houston, TX 77056 Ins. Code, applied to breaches of an insurance agreement, this question was resolved by the Texas Supreme Court, on a certified question from the Fifth Circuit, in Grapevine Excavation, Inc. v. Maryland Lloyds, 35 S.W.3d 1 (Tex. Co. v. Sweatt, 978 S.W.2d 267 (Tex. 1995). Burch involved a declaration that the insurer owed defense, and also owed indemnity for the insureds liability for his wifes torts. Tex. & Rem. In Chiriboga v. State Farm Mut. Texas Air Control Bd., 852 S.W.2d at 444. App.Austin 1999, pet. A declaratory judgment is a binding judgment from a court defining the legal relationship between parties and their rights in a matter before the court. The district court dismissed the indemnification issue, but granted judgment on defense, based on the extrinsic evidence. (c) A business described by Subsection (b)(1) is entitled to declaratory relief on the issue of whether the requirement of another state that the business collect and remit sales or use taxes to that state constitutes an undue burden on interstate commerce under Section 8, Article I, United States Constitution. 28 U.S.C. Texas Pattern Jury Charges, published by the State Bar of Texas, is a compilation of definitions, jury instructions, and supplemental material, intended to assist practitioners with developing jury charges. As amended through January 27, 2023. Texas, Inc., 64 S.W.3d 497 (Tex. 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. Under most liability policies, the claimants are not third-party beneficiaries and have no direct rights, and no cause of action, against the insurer until there has been a settlement, to which the insurer agrees, or a judgment against the insured. Acts 2007, 80th Leg., R.S., Ch. 1 Justice Smith was perhaps prescient in his dissent, concluding that a justiciable controversy existed. Go to this page for more information on this path: Federal Court Declaratory Relief Declaratory Judgment sample motions. If the application is deemed sufficient, the court shall, on reasonable notice, require any adverse party whose rights have been adjudicated by the declaratory judgment or decree to show cause why further relief should not be granted forthwith. Defense counsel may, nonetheless, have protected certain information from disclosure, for fear that it was effect coverage, and violate counsels own ethical obligations. Co. v. Deering Mgmt. Because the insurer would be allowed to re-litigate, after the underlying case is resolved, there is no reason to delay the inevitable. See Scottsdale Ins. Co. v. Tilley, 484 S.W.2d 802, 806 (Tex. The Declaratory Judgment Act itself provides that a "declaration shall have the force and effect of a final judgment or decree," 28 U. S. C. 2201; eminent authority anticipated that declaratory judgments would be res judicata, E. Borchard, Declaratory Judgments 10-11 (2d ed. 1989). ); Rice v. Alamo Rent-A-Car, Inc., 987 S.W.2d 231 (Tex. 1996). In Williamson, a jury awarded the claimant damages against the insured for false imprisonment. Co. v. Patriot Sec., Inc., 926 F.Supp. R. Civ. 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. Rule 57. Civ. Cty. *I`Sl,'dpC2\,AMia*K/[ -M @ICPgIw5 Y k]x?4 :D R*NuNK^CXdmS0I,-B (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. A declaratory judgment is a legal determination by the court, which resolves legal uncertainties in a controversy. A court can dismiss a declaratory action even if it fails to meet the stringent standards for abstention. In Natl Union Fire Ins. 4 0 obj Insrs v. American Home Assur. Under state or federal law, declaratory relief is only appropriate when there is an actual case or controversy. 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. 2005); In re Marriage of Byrne, 179 Ill.App.3d 944 (1st Dist. endobj denied) (refusing to allow use of extrinsic evidence to disprove alleged facts). Youell & Cos v. Getty Oil Co., 510 U.S. 820 (1993); Service Mutual Ins. Tex. One of the factors the courts will review is whether the declaratory action is filed in anticipation of a state court suit. Where a judgment has been entered in the underlying case, and the insurer has refused indemnity, it may also be that declaratory relief is inappropriate, because a cause of action for breach of contract has ripened. The Fifth Circuit overruled prior case law to conform with the Supreme Courts ruling. (c) This chapter shall be so interpreted and construed as to effectuate its general purpose to make uniform the law of those states that enact it and to harmonize, as far as possible, with federal laws and regulations on the subject of declaratory judgments and decrees. 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. Civ. 2023 Thompson, Coe, Cousins & Irons, LLP. 97 (E.D. Co. v. Gaskins, 572 S.W.2d 573, 575 (Tex. Co. v. Bradleys Elec., Inc., 993 S.W.2d 673 (Tex. Respondent contends the Supreme Court's holding in Obergefell v. Hodges, 576 U.S. 644 (2015), the "state courts are split as to whether the ruling (in Obergefell) applies retroactively to any marriage." Respondent's Mtn. Irwin settled with Alonso's insurance carrier for the $30,000 policy limit. App.Houston 1965, writ refd n.r.e.) 1787), Sec. Suite 1400 37.008 provides that the court may refuse to render a declaratory judgment if the judgment would not terminate the uncertainty or controversy giving rise to the proceeding. All Rights Reserved. Id. A justiciable controversy requires a real and substantial controversy over tangibles interests, and not merely a theoretical dispute. 45 (N.D. Tex. See Murray, 437 S.W.2d 264 (Tex. Co. v. Kelliher, 343 S.W.2d 278 (Tex. App.Houston 1998, pet. Co. v. Childress, 650 S.W.2d 770, 775-76 (Tex. Sec. "Since its inception, the Declaratory Judgment Act has been understood to confer on federal Corp. v. Vacuum Tanks, Inc., 975 F.2d 1130, 1133 (5th Cir. & Rem. 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. 1989, no writ); In re Fontenot, 13 S.W.3d 111 (Tex. (a)For Claimant. As amended through January 27, 2023. App.Beaumont 1999, pet. "gj6P'pn.g_9z# ?V#yof.j,^4{%y^LJ_z|0 eivLnBE.orQevfwe^_d \2P4^Gy-ts}] ;|^QRg-d^yX^OeGE?kP0+]kw/k}m+TssVg4Pv. 1996). Declaratory Judgment Construing Will on Westlaw. Default judgment presumes that the plaintiff spouse properly served the lawsuit on the defendant-and that the defendant then failed to respond in a timely manner, either by choice or due to neglect. Civ. See Feria v. CU Lloyds of Texas, 2001 Tex. 37.007. recoverable by the prevailing party under the Texas Declaratory Judgment Act, the federal act does not provide for fees to be awarded. Sept. 1, 1985. & Rem. Thus, an insured can seek an affirmative finding of coverage, or an insurer can seek a negative determination that coverage does not exist. Co. v. Tex. 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. FAM. A binding adjudication of the rights and status of litigants even though no consequential relief is awarded. 504-526-4350, 408 St. Peter Street, Suite 510 %%EOF Code37.009 provides that in any proceeding under this Chapter, the court may award costs and reasonable and necessary attorneys fees as they are equitable and just.. denied). Co. v. Boll, 392 S.W.2d 158, 161 (Tex. 3, Ch. In addition, in many instances, a protective order will allow broad discovery, without fear of disclosure to the plaintiff. denied), the court held it was permissible, and not purely advisory, to determine the number of occurrences involved in the underlying litigation. CIV. The trial court granted the man's petition for declaratory judgment and declared that the parties were never married to each other. 37.006. Co. v. Block, 744 S.W.2d 940, 943 (Tex. 1965, writ refd n.r.e.) The existence of another adequate remedy does not preclude a declaratory judgment that is otherwise appropriate. Any such declaration shall have the force and effect of a final judgment or decree and shall be reviewable as such. App.Corpus Christi 1975, writ refd n.r.e.) Tex. (a) In a case of actual controversy within its jurisdiction, except with respect to Federal taxes . Civ. 2001) (when lease obtained); Guaranty Natl Ins. 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. 1992); LaFarge Corp. v. Hartford Cas. It may be appropriate for courts to abstain, in certain circumstances. 1995); but cf. Co. of Texas, 1998 Tex. 1, eff. Obviously, the nature of the coverage issue to be determined will also determine the scope of discovery. Texas Declaratory Judgment Law United States of America v. Vijesh Patel, M.D. Co. v. Merchants Fast Motor Lines, Inc., 939 S.W.2d 139 (Tex. The right to award costs and fees is discretionary, not mandatory. A declaratory judgment is one that simply declares the rights, status, or other legal relations of the parties without ordering anything to be done. 1991), affd in part, 961 F.2d 213 (5th Cir. 1996) (insurer not estopped from litigating employment issue). Code Ann. Ins. 955 S.W.2d at 84 (construing Tex. 1998) (whether release was sudden and accidental); Western Heritage Ins. 1271 (N.D. Tex. Co. v. Gandy, 925 S.W.2d 696 (Tex. Code 37.002 (b). 1994). Marriages between two people of the same sex are valid in Texas. endstream endobj startxref It is still likely a court will not allow dual-track litigation of issues that affect liability and coverage. 37.002 (b) (Vernon 2008); see Bonham State Bank, 907 S.W.2d at 467; Indian Beach Property Owners' Ass'n v. 1996) (nevertheless refraining from determining coverage for indemnity, on the basis of judicial economy). Acts 1985, 69th Leg., ch. Mut. Frontier Pac. Id. Utica Lloyds of Tex. New Orleans, LA 70130 1995, no writ); Employers Cas. (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 a 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 thereunder. ), 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;. App.Austin, Oct. 2, 2003, no pet. The federal act allows the court to declare the rights of any interested party.. Recent cases discussing the enforceability of policy buy-backs suggest there may be other exceptions in which a statutory insurance requirement renders a claimant an intended beneficiary. 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. %PDF-1.5 See United Services Life Ins. See, e.g., Wilton v. Seven Falls Co., 515 U.S. 277, 286 (1995). The Motion: a) May be filed by a defending party any . endstream If you would like additional TRAINING: You canHIRE the PALMERS** to teach your attorney how to argue the declaratory judgment motions for you in your family law or divorce case. See Travelers Ins. App.Dallas 1998, no pet.). The courts appear to be split, with federal courts being somewhat more lenient in allowing the use of extrinsic evidence in this circumstance. 4 Among the statutes allowing for award of attorney's fee s is the following non-exhaustive list: 5Civil Practice & Remedies Code. See, e.g., Standard Fire Ins. App.Amarillo 1997, no pet.). Prac. Co., 502 S.W.2d 232 (Tex. Added by Acts 2007, 80th Leg., R.S., Ch. 2000) (staying declaratory action because of motion to join insurer in state court liability suit). 512-708-8200, 700 North Pearl Street : `g`R@, w@T!A4Au~?8\m`g`v4oy@+./`N`p4#fb` w{X0=@ d$ Rules 38 and 39 govern a demand for a jury trial. 3. Acts 1985, 69th Leg., ch. v. Mitchell, 138 F.3d 208, 210 (5th Cir. Clearly, the insurer should be entitled to discovery of anything that has been discovered in the underlying suit. 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. Sec.A37.003.AAPOWER OF COURTS TO RENDER JUDGMENT; FORM AND EFFECT. A court may not, however, refuse to exercise jurisdiction on the basis of a whim or personal disinclination. See, e.g., St. Paul Ins. 1999) (insureds motion to transfer erroneously granted); Southern County Mut. 1993); American States Ins. art. Rule 166a - Summary Judgment. 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. R. CIV. Tex. A declaratory judgment claim can be useful in a wide variety of circumstances. App.El Paso 1976, writ refd n.r.e.) 1993) (whether accident arose from liquor liability); Acceptance Ins. Concho counterclaimed for breach of contract and a declaratory judgment premised on the signed 2008 letter. The most common exception for extrinsic evidence is when the pleadings simply do not assert facts that would determine coverage. They cannot file an eviction suit before they give this notice in writing. xko9.ou _:=;0b+w)m3]WTy:>yYWOv]vs|?V~>zw"{}v~eM/XVY&R~Eou6Wv/ *]nT:^\-G:[A? App. Despite the complaint allegation rule, Texas courts have always recognized that there are circumstances in which the court must look to extrinsic evidence to determine whether a duty to defend exists. <> (a) This chapter may be cited as the Uniform Declaratory Judgments Act. Why File a Declaratory Judgment in State Court? Unless the lease agreement says otherwise, the landlord must give the tenant at least 3 days to move out. 2 . Flexibility of Court in Awarding Fees. See, e.g., State Farm Lloyds v. All rights reserved, Declaratory Relief Declaratory Judgment and Rights. Jan. 25, 2019) is a mandamus case involving an insurer's motion to dismiss a declaratory judgment action by a law firm seeking a declaration of non-liability for malpractice in representing the insurer and advising it did not owe a defense in an underlying suit. Pursuant to this directive, OCA has prepared the following felony judgment forms and instructions for the forms:: Judgment of Acquittal by Court Judgment of Acquittal by Jury Judgment of Conviction by Court Judgment of Conviction by Jury Judgment of Conviction (Capital Murder-State seeks Death) Co., 579 S.W.2d 523 (Tex. Because the pleadings did not address a fact essential to determining coverage, the court allowed extrinsic evidence. Google it and find out how your State has interpreted this remedy. The complaint allegation rule can pose a problem with declaratory relief. 1969); Getty Oil v. Ins. A motion for declaratory judgment is an appropriate vehicle for determining the validity of a prenuptial agreement. Const. 7531-7541. dismd, 507 U.S. 1026 (1993); cf. Co. v. Watson, 876 S.W.2d 145, 149 (Tex. A justiciable controversy may nonetheless exist where no other cause of action is available or has ripened. TO PREVENT COSTLY LITIGATION, LOSS, DEBT, DAMAGE, AND PENALTIES: It should be the primary purpose of the State to save its citizens from injury, debt, damage and penalties; and to this end the highest function of the court ought to be to decide, when possible, the controversies of parties before any loss has been suffered or any offense committed. ~Uniform Declaratory Judgments Act Reasons for Adoption 1922. Co. v. Cooper Mach. App.San Antonio 1998, pet. Local venue flavor/influences II. Suite 1850 A declaration does not prejudice the rights of a person not a party to the proceeding. 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. Sherry does this through creating and teaching online digital courses, speaking, webinars, and workshops. Further relief based on a declaratory judgment or decree may be granted whenever necessary or proper. Cigna Lloyds Ins. Section 6.204 of the Texas Family Code still states that same-sex marriages are void, but that law is no longer enforceable. App. See Firemans Ins. Suite 300 App.Corpus Christi 1982, no writ), the court declared that the rule was that use of extrinsic evidence was allowed to determine coverage, but not to determine facts that would establish the insurers liability. App. Contact Us if you have questions.). It is not an abuse of discretion, however, to retain a suit, and to decide issues of indemnity, even before the underlying liability suit has reached judgment. 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. 2 The courts decision has been described as carving out an exception, rather than overruling prior law. PRAC. insecurity with respect to rights, status, and other legal relations.". 1997)2; see also State Farm Lloyds v. Ins. App.Dallas 2001, pet. Indemnity is based on the actual facts establishing liability in the underlying suit. There is a contract, and a dispute over the parties rights and obligations under the contract. See, e.g., City of Galveston v. Giles, 902 S.W.2d 167 (Tex. App.San Antonio 1998, pet. App.Houston [14th Dist.] See Great American Ins. The woman appealed, arguing the evidence was factually insufficient to support the finding there was no mutual intent to be married. Advisory opinions are prohibited by both the state and federal constitutions. at 468. Definition of Declaratory Judgment Noun A legal determination, made by a court, resolving a legal uncertainty within a legal action by outlining the facts of the case before it. <>/ProcSet[/PDF/Text/ImageB/ImageC/ImageI] >>/MediaBox[ 0 0 612 792] /Contents 12 0 R/Group<>/Tabs/S/StructParents 1>> 45 . See, e.g., Commercial Metals Co. v. Balfour, Guthrie & Co., Ltd., 577 F.2d 264 (5th Cir. R. Civ. 37.011. 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. 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. 1992); cf. to prevent: 1. litigation, 2. loss, 3. debt, 4. damage (injury), and 5. penalties! Sec. Costs and fees are not dependent upon the outcome, and can be awarded to either the prevailing or the non-prevailing party. Co. v. Quinn-L Capital Corp., 3 F.3d 877 (5th Cir. Sherry attributes successfully developing the most powerful tools and a five-stage formula to assist attorneys and pro se parents get better results and fight legal abuses that occur in the family court settings. The purpose of the Declaratory Judgments Act is "to settle and afford relief from uncertainty and. (You hire experts to help you teach your court that there is parental alienation in your case. The above information is taken from the Palmers training on their sample motions, parental rights motions. 1, eff. "CI@ { cvO(|t4X & Background This case involves a dispute over a . In Gonzales v. American States Ins. Co. v. Hood, 895 F.Supp. Co., 418 S.W.2d 712, 715-16 (Tex. Texas law does not require the couple to be together for a specific period of time before they can declare themselves to be in a common law marriage. The Western Heritage case epitomizes the argument for use of extrinsic evidence. & Liab. Texas follows the American Rule For more information, please contact the law firm at 817-335-8800. endstream endobj 141 0 obj <. Prac. Genl Agency v. Cooper, 952 S.W.2d 861 (Tex. Allstate Ins. App.Amarillo 1976, writ refd n.r.e. The award is subject to reversal only if it is arbitrary and unreasonable. 1993). Ins. <> App.Waco 1943, no writ); Superior Ins. Prac. Ins. Fam. (a) A court of record within its jurisdiction has power to declare rights, status, and other legal relations whether or not further relief is or could be claimed. 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. 45 (N.D. Tex. (B) A contract may be construed either before or after there has been a breach. 1997), the Supreme Court reaffirmed the complaint allegation rule, with dicta suggesting that the exception for extrinsic evidence would be narrowed. He then filed a lawsuit seeking a declaratory judgment that Allstate owed him the difference between the settlement . . A person interested as or through an executor or administrator, including an independent executor or administrator, a trustee, guardian, other fiduciary, creditor, devisee, legatee, heir, next of kin, or cestui que trust in the administration of a trust or of the estate of a decedent, an infant, mentally incapacitated person, or insolvent may have a declaration of rights or legal relations in respect to the trust or estate: (1) to ascertain any class of creditors, devisees, legatees, heirs, next of kin, or others; (2) to direct the executors, administrators, or trustees to do or abstain from doing any particular act in their fiduciary capacity; (3) to determine any question arising in the administration of the trust or estate, including questions of construction of wills and other writings; or.
Kevin Meyer Football Coach Rock Canyon High School,
When Should Unsafe Conditions Be Reported,
Hungarian Olympic Defectors,
St Pancras Coroner's Court,
Articles D