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Suite 1400 Written instruments, including ordinances and statutes, may be construed before or after breach at the petition of a properly interested party, process being served on the private parties or public officials interested. Explainer: How did the battle between Ron DeSantis and Disney escalate? 1968) (J. Smith, dissenting). Although the trial court vacated the default judgment, on appeal, the Second Department reversed the lower court's order and reinstated the judgment against the insureds. 6 0 obj Co. v. Delaney, 386 S.W.2d 648 (Tex. R. CIV. Co. v. Tilley, 484 S.W.2d 802, 806 (Tex. The declaratory action may also bring the coverage issues into focus for the plaintiff, and assist the insured in negotiating settlement. Ins. On March 11, 2021, the Nevada Supreme Court, in a 4-3 decision, held in Nautilus Insurance Company v. Access Medical, LLC, 2021 WL 936076 (Nev. 2021) that an insurance company is entitled to reimbursement of defense costs where a determination is ultimately made that the insurer did not owe a duty to defend, and the insurer expressly reserved its right to seek recoupment. Sec. See Bernard v. Gulf Ins. Supreme Court of Texas Denies Motion to Compel Arbitration on Alternate 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. 2201-2202 2201. Under federal law, the Declaratory Judgment Act, itself, does not authorize attorneys fees. Guar. 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. 37.004. at 452. Co. v. Louisiana Farm Bureau Federation, 996 F.2d 774, 778 (5th Cir. App. PDF Texas Supreme Court to Decide Whether a Declaratory Judgment Action is Rule 57, FED. Group, Inc., 946 F.Supp. 4 0 obj denied sub nom. costs and declaratory judgment). 1968). PDF IN THE SUPREME COURT OF TEXAS - txcourts.gov C.M.W., 53 S.W.3d 877 (Tex. Co. v. Childress, 650 S.W.2d 770, 775-76 (Tex. . Texas, Inc., 64 S.W.3d 497 (Tex. The fact that a declaratory judgment may be granted whether or not further relief is or could be prayed indicates that declaratory relief is alternative or cumulative and not exclusive or extraordinary. 1996) (nevertheless refraining from determining coverage for indemnity, on the basis of judicial economy). See Farmers Tex. at 68. 1998) (holding that Texas Declaratory Judgment Act was not controlling, substantive law, and did not justify fee award to defendants). ); but cf. Co., 143 F.3d 192 (5th Cir. 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.