endstream endobj 141 0 obj <. It may be appropriate for courts to abstain, in certain circumstances. 959, 1, eff. Id. Id. at 1280 (insurer not precluded from relitigating course and scope of employment). The policy provided limits of $100,000 per occurrence and $200,000 in the aggregate. Co., 628 S.W.2d 184 (Tex. 05-05-00061-CV, citing Bonham State Bank v. Beadle, 907 S.W.2d 465, 467 (Tex. See Brillhart v. Excess Ins. See Farmers Tex. In any proceeding under this chapter, the court may award costs and reasonable and necessary attorney's fees as are equitable and just. Group, 946 F.Supp. R. CIV. See, e.g., Boring & Tunneling Co. v. Salazar, 782 S.W.2d 284, 289-90 (Tex. Auto Ins. Volumes are organized by broad practice area and are generally sold individually, since few practitioners have need for all of them. 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. 830-252-5100. APP. Youell & Cos v. Getty Oil Co., 510 U.S. 820 (1993); Service Mutual Ins. App.Amarillo 1997, no pet.). App.San Antonio 1998, pet. Co. v. Merchants Fast Motor Lines, Inc., 939 S.W.2d 139 (Tex. . Prac. 30. 855, Sec. Co. v. Bailey, 133 F.3d 363, 368 (5th Cir. P., also addresses declaratory judgments, by reference to 28 U.S.C. At issue was a declaratory judgment action over whether medical expenses were owed to an insured worker, under The Workers Compensation Act, where the expenses were incurred after settlement of the employees negligence suit against a third party. Ins. App.Corpus Christi 1992, writ denied) (whether boat was being used for business pursuit); International Serv. He then filed a lawsuit seeking a declaratory judgment that Allstate owed him the difference between the settlement . ("[B]ecause the trial court judgment rests upon the specific grounds set out in the findings of fact and conclusions of law that accompany the judgment, we are not permitted to assume omitted findings or conclusions necessary to any other grounds for the judgment, even . Co. of N. The Act provides you with a mechanism to get a ruling from the court before you are dragged through costly litigation. See, e.g., Ruth v. Imperial Ins. River Entertainment was joined because it owned Pepes where the defendant imbibed. App.Houston 1998, pet. See Scottsdale Ins. Ins. Tex. P. 76A; 192.6(b)(5). See, e.g., Standard Fire Ins. Clearly, the insurer should be entitled to discovery of anything that has been discovered in the underlying suit. See Fed. 1965). 39 F.3d at 591. 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. & Rem. Civ. DEFINITION. On appeal, HTC challenged: " (1) the district court's exclusion of three of HTC's requested jury instructions; (2) the district court's declaratory judgment that Ericsson had complied with . 97, 99 (E.D. Defense counsel may, nonetheless, have protected certain information from disclosure, for fear that it was effect coverage, and violate counsels own ethical obligations. 1998), overruled on other grounds, State Farm Fire & Cas. See State Farm Mut. A Texas Rule 11 family settlement agreement can be a wonderful tool to resolve a Texas probate dispute. Rule 57. <> When Is a Declaratory Judgment Proper? Acts 1985, 69th Leg., ch. DECLARATIONS RELATING TO TRUST OR ESTATE. Genl Agency v. Cooper, 952 S.W.2d 861 (Tex. 1998, pet. See, e.g., Ohio Cas. Because there was no judgment in the liability suit, the court concluded that any declaration regarding indemnity would be purely hypothetical.1 In 1997, the Supreme Court concluded that the law had changed, however, and determined that a declaration of indemnity was available, when the same facts that defeated a duty to defend also defeated a duty to indemnify. As amended through January 27, 2023. Sept. 1, 1985. Tex. After St. Paul filed its declaratory action in federal court, the claimant filed suit in state court in the same court in which the two prior suits had been filed. 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. denied) (refusing to allow use of extrinsic evidence to disprove alleged facts). It is still likely a court will not allow dual-track litigation of issues that affect liability and coverage. 1965, writ refd n.r.e.) 2000) (staying declaratory action because of motion to join insurer in state court liability suit). June 15, 2007. <>/ProcSet[/PDF/Text/ImageB/ImageC/ImageI] >>/MediaBox[ 0 0 612 792] /Contents 4 0 R/Group<>/Tabs/S/StructParents 0>> The District Court of Delaware dismissed a generic drug company's declaratory judgment counterclaims of non-infringement and invalidity, finding that the court no longer had subject. C.M.W., 53 S.W.3d 877 (Tex. Also, seeking title by declaratory judgment is improper. App.Dallas 2001, pet. endobj 7 0 obj A declaratory judgment is one that simply declares the rights, status, or other legal relations of the parties without ordering anything to be done. Declaratory Judgments Act) Texas CPRC Plus REF KFT 1728.A196 A2 CPRC Ch. Typically, an anti-suit injunction is appropriate in limited instances: 1) to address a threat to the courts jurisdiction; 2) to prevent the evasion of important public policy; 3) to prevent a multiplicity of suits; or 4) to protect a party from vexatious or harassing litigation. stream 1995). App.Austin 2003, no pet. App.Dallas 2001, pet. insecurity with respect to rights, status, and other legal relations.". The firm's new office location is 5601 Bridge Street, Suite 300, Fort Worth, Texas 76112. . As a preliminary consideration, counsel for the insurer should be careful and selective in what is requested. denied); cf. endobj Co. v. Murray, 437 S.W.2d 264, 265-66 (Tex. Co. v. Quinn-L Capital Corp., 3 F.3d 877 (5th Cir. Prac. In Foust v. Ranger Ins. declaratory judgment: Statutory remedy for the determination of a Justiciable controversy where the plaintiff is in doubt as to his or her legal rights. There was also a declaration that the insurer owed neither defense nor indemnity to the wife. 1992), cert. 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. 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. 1023, 1026 (N.D. Tex. 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. denied). POWER OF COURTS TO RENDER JUDGMENT; FORM AND EFFECT. Suite 400 The court then noted the special concerns applicable in declaratory actions. App. 1996) (insurer not estopped from litigating employment issue). : `g`R@, w@T!A4Au~?8\m`g`v4oy@+./`N`p4#fb` w{X0=@ d$ App.Dallas 1992, writ denied); U.S. Fire Ins. The right to award costs and fees is discretionary, not mandatory. denied), the court held it was permissible, and not purely advisory, to determine the number of occurrences involved in the underlying litigation. 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. 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. In this instance, both state and federal courts have readily allowed the use of extrinsic evidence to determine the duty to defend. 37.010. REVIEW. 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. Co. v. Block, 744 S.W.2d 940, 943 (Tex. 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. Indemnity is based on the actual facts establishing liability in the underlying suit. See Bailey, 133 F.3d at 369 n.4; Travelers Ins. (although judgment reversed on coverage, no indication courts refusal to award fees to either party was abuse of discretion). Background This case involves a dispute over a . Co. v. Burch, 442 S.W.2d 331, 337 (Tex. Sec. Under state or federal law, declaratory relief is only appropriate when there is an actual case or controversy. Declaratory Judgment These rules govern the procedure for obtaining a declaratory judgment under 28 U.S.C. 2000). App.Corpus Christi 1998), revd on other grounds, 995 S.W.2d 675 (Tex. See London Mut. Co v. Co. v. Sweatt, 978 S.W.2d 267 (Tex. "Undoubtedly, the degree of control the agreement ultimately exerts over the parties' rights in the . Determination of title is only dispute to be raised by declaratory judgment. 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. Co., 387 S.W.2d 22, 25 (Tex. (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. 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. (a) When declaratory relief is sought, all persons who have or claim any interest that would be affected by the declaration must be made parties.

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