Access unmatched financial data, news and content in a highly-customised workflow experience on desktop, web and mobile. !`g)a00-k@@eU However, each party must still plead for relief and carry its own burden of proof. Elements of Declaratory Judgment in Texas: Strategies & Ethics in DEC Cluett v. Medical Protective Co., 829 S.W.2d 822, 826 (Tex. A declaratory judgment must be based on an actual controversy, and cannot be merely advisory. The Federal act is broader in scope. As such, there should be no collateral estoppel of the insurer, based upon the outcome of the issue in the underlying case. Corp., 377 F. Supp. Co. v. Childress, 650 S.W.2d 770, 775-76 (Tex. Further relief based on a declaratory judgment or decree may be granted whenever necessary or proper. Civ. 2d 601, 621-22 (E.D. 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. Reuters provides business, financial, national and international news to professionals via desktop terminals, the world's media organizations, industry events and directly to consumers. Under state or federal law, declaratory relief is only appropriate when there is an actual case or controversy. Of N.Y. & N.J., 166 A.D.3d 464 (1st Dep't 2018); Max Specialty Ins. We are experienced Texas civil litigation attorneys based in Fort Worth who know Texas courts and Texas law. Since the duty to defend is based solely on the live pleadings, a declaratory judgment is arguably based only on the pleading in effect, and is not determinative as to any subsequent amended or supplemental pleading. While the law is less clear, Federal courts, applying Texas law, have reached a similar conclusion. The most significant is that there must be a justiciable controversy between the parties.
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