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The Burches were the plaintiffs, and were also the petitioners for declaratory relief. App.Austin, Oct. 2, 2003, no pet. App.Dallas 2000, pet. Circuit Court of Appeals certified the question of whether an insurer is entitled to recoupment of defense costs based on a reservation of its rights to seek recoupment to the Nevada Supreme Court. insured that the insurer's defense of the action against the insured . In any proceeding under this chapter, the court may award costs and reasonable and necessary attorney's fees as are equitable and just. 4 0 obj
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z#G?o 0Xj[f e /R&K(KX K$ TBu /5v+nA%. The issue becomes more murky when allegations triggering coverage are alleged, but are in conflict with the actual facts. All Rights Reserved. But the fact that another remedy would be equally effective affords no ground for declining declaratory relief. 461 (1937); Nashville, Chattanooga & St. Louis Ry. Judges have always been suspect of declaratory judgment actions and, more particularly, the "mirror image" case where the alleged wrongdoer takes on the role of the plaintiff. 1978). E.g., Chenault v. Phillips, 914 S.W.2d 140, 141 (Tex. declaratory-judgments | U.S. Constitution Annotated | US Law | LII Co. v. Cowan, 945 S.W.2d 819 (Tex. See Granite State Ins. Fla. Stat. 37.0055. 37.003. Co., 975 S.W.2d 329, 332 (Tex. The collision was also in Hidalgo County, as was the liability suit. denied) (disallowing evidence of workers compensation payments to establish employment). 8. In this chapter, "person" means an individual, partnership, joint-stock company, unincorporated association or society, or municipal or other corporation of any character. COURT REFUSAL TO RENDER. The declaratory action may also bring the coverage issues into focus for the plaintiff, and assist the insured in negotiating settlement. Elements of Declaratory Judgment in Texas: Strategies & Ethics in DEC