affirmative defenses to declaratory judgment action florida

Download aci advises readers of an argument for declaratory judgment. What you are routed through trial right to plaintiff chose to florida affirmative defenses declaratory judgment for damages is a legitimate reason there is pursuing administrative remediesrequires dismissal. Inc., 632 So. breach of contract. In further response to the allegations contained in paragraph 12 of the Petition, Defendant admits that John Doe brought at least three (3) guns with him to the event and that at some point John Doe retrieved the guns from his vehicle. 7@ Defendant can neither admit nor deny the allegations contained in paragraph 27 of the Petition for lack of sufficient knowledge and information to form a belief as to the truth thereof, and puts Plaintiff on strict notice thereof. CIVIL ACTION FILE NO: 2017CV294880 . %%EOF Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. Defendant denies that there is an actual controversy due to, among other things. Chapter 2721. Denied as stated. Document: Fed.R.Civ.P. . Defendants are therefore entitled to be reimbursed by National Union for the reasonable attorney's fees and costs that they incurred in their defense of the Date Palm Action. 26. declaratory judgment act. Statute of repose and laches are affirmative defenses which Rel1305 Pub1366. The distinction between the two can be challenging to discern. A Florida Decision Expands Defense Obligations For Insurer. For such other and further relief as it deems just and proper under the circumstances, including attorneys fees and expenses of litigation. Breach of Joint Venture Agreement, Breach: 04. Answer Affirmative Defenses and Demand for Jury Trial in response to. Whether an insurer may be required as part of its defense. contract was breached are unrelated to the purpose behind a declaratory The number of answers and affirmative defenses invoking force majeure clauses. The Declaratory Judgment aims at abolishing the rule which limits the work of the courts to Questions regarding whether a declaratory judgment suit would be tried before the underlying suit. LIST OF DEFENSES AFFIRMATIVE DEFENSES AND. whether or not the carrier breached the contract by denying coverage that was Such direction will afford the litigant relief fromuncertainty or insecurity. that AHCA Comply with Fla. Stat. John Doe, Individually and as next friend of John Doe. before any breach of contract has been determined. A declaratory judgment does not make a conclusive decision on a case. endstream endobj startxref Defendant can neither admit nor deny the allegations contained in paragraph 23 of the Petition for lack of sufficient knowledge and information to form a belief as to the truth thereof, and puts Plaintiff on strict notice thereof. The declaration may be either affirmative or negative in form and effect. hbbd``b`$@7`] b^7b&&FF !'@ An action for declaratory relief, among other claims, may be the appropriate recourse. Denied as stated as Defendant lacks knowledge or information sufficient to form a belief as to the truth of the averments contained in paragraph 9 of the Petition. In further response to the allegations contained in paragraph 13 of the Petition, Defendant admits that some of the children at the home began playing with the guns and that John Doe negligently shot John Doe in the face and leg with one of the guns. COMES NOW, John Doe, individually, and as next friend of John Doe, Defendant in the above styled action and hereby files this Answer to Plaintiffs Petition For Declaratory Judgment and shows the Court as follows: The Petition fails to state a claim upon which relief can be granted. 1. When initiating a declaratory judgment action, consideration must be paid to the status of the underlying action. In the district court of appeal of the state of florida first district. No action or procedure is open to objection on the ground that a declaratory judgment is demanded. Aside Entry and Default Judgment for Lack of Notice. We are currently collect data for this state. Florida law provides a mechanism to resolve such problems by way of declaratory judgment action. As stated in the Florida Supreme Court in Canal Insurance Co. v. Reed, 666 So. In Conley, the court held a declaratory judgment action was the proper method to decide whether a liquidated damages clause in a real estate contract was enforceable. As a defendant when the insurer brought this declaratory judgment action. Defendant does not have a certified copy of the policies in question. 1 Elements and Case Citations A representation by defendant (the party estopped), to plaintiff (the party claiming estoppel) as to a material fact; The representation is contrary to the condition of affairs later asserted by defendant; Plaintiff relies on the representation; and Defendant denies the allegations contained in paragraph 18 of the Petition. Section 2721.02 | Force and effect of declaratory judgments - action or proceeding against insurer. Subscribe to Justia's Free Newsletters featuring summaries of federal and state court opinions. See, e.g., City of Galveston v. 1:08-CV-1425-ODE DEFENDANTS' ANSWER TO COMPLAINT FOR DECLARATORY JUDGMENT AND INJUNCTIVE RELIEF COME NOW Defendants Carl V. Patton, in his official capacity as Georgia State . 2015 Fall E-Newsletter PDF Conroy Simberg. Affirmative Defenses Counterclaim to Complaint of the Commonwealth of. 5th DCA 199 statute applied to declaratory judgment action for. Track Judges New Case, Hartford Fire Insurance Company Plaintiff's Complaint fails to state a cause of action. Battles, Emmett. For example, in a declaratory judgment action dealing with a . J84+-hbe`r* eW4. Fla. June 25, 2009). Your subscription has successfully been upgraded. FIRST AFFIRMATIVE DEFENSE 1. Denied as stated. cannot state a bona fide need for the declaratory judgment when the breach of Defendant admits the allegations in paragraph 14 of the Petition. Statute of limitations bars Plaintiff's claim (s). Louisiana Federal Court Applies Florida Law, Determines Refusal to Defend. This article does not serve as a substitute for legal advice tailored to a particular situation. Racing, Inc., Case No. Defendant can neither admit nor deny the allegations contained in paragraph 17 of the Petition for lack of sufficient knowledge and information to form a belief as to the truth thereof, and puts Plaintiff on strict notice thereof. Under Florida's declaratory judgment act, [t]he circuit and county courts have jurisdiction within their respective jurisdictional amounts to declare rights, status, and other equitable or legal relations whether or not further relief is or could be claimed. William P. White Racing Stables, Inc., et al., 2017 WL 6368843 (December 13, 2017), a case addressing limits upon what facts and legal theories may give rise to a duty to defend. We have notified your account executive who will contact you shortly. The usual basis for the declaratory judgment action is that the insurer asserts in its pleadings that there is no insurance for the event that caused the injury, most often claiming that an exclusion in the policy applies. 86.071 Jury trials. Global Social Change And Development Track. action was appropriate so long as issues of Force and effect of declaratory judgments - action or proceeding against insurer. A declaratory judgment action is a lawsuit in which one of the parties to a dispute is attempting to determine its legal. 86.011 Jurisdiction of trial court. 213 Count V Declaratory Judgment Injunction Against Defendant. Laws of the United States 35 USC 1 et seq the Declaratory Judgment Act 2 USC. But not decide as there would likely to florida affirmative defenses declaratory judgment actions to determine insurancecoveragequestion presented at risk as this contention. The Declaratory Judgment Act was intended to render practical help in ending controversies which have not reached a stage where other legal relief is available. Reflect Plaintiff's impermissible attempt to bootstrap an affirmative defense into an. Admitted that the amount in controversy exceeds $75,000. Appx. Wrongful Prosecution Cases Lead to Settlement, Dental Nerve Injury From Root Canal on Lower Molars, False Arrest and Unsafe Premises Are Common Bases for Liability in Georgia. Declaratory judgments are used in federal court as well. For example declaratory judgment proceedings frequently are initiated by. Defendant admits that allegations in paragraph 11 of the Petition. Even in a relatively simple case, it may take $10,000 to. n. 1 (S.D.Fla.2008)). 09-80199-CIV, Allegations of Facts Common to Affirmative Defenses. judgment action as the determination sought in the breach of contract action v. National Assn for Stock Car Auto Florida courts have been clear, however, that the purpose of declaratory judgment actions is not to render an opinion, or to provide legal advice, but to resolve an actual dispute. 2d 253 (Fla. 3d DCA 1991). coverage were not dependent on the resolution of fact issues common to the Statutory Construction What does the Statute Mean? Defendant does not have a certified copy of the policies in question. The usual basis for the declaratory judgment action is that the insurer asserts in its pleadings that there is no insurance for the event that caused the injury, most often claiming that an exclusion in the policy applies. As stated by Sturgis, J., of this court in Mayes Printing Co. v. Flowers: In a general sense every judgment or decree is declaratory of the rights of litigants. M & E Land Co. v. Siegel, supra, (citing Mayes Printing Co. v. Flowers, 154 So.2d 859, 862 (Fla. 1st DCA 1963)). However, (1) Unless a different time is prescribed in a statute of Florida, a defendant must serve an answer within 20 days after service of original process and the initial pleading on the defendant, or not later than the date fixed in a notice by publication. Defendant states that it can neither admit nor deny the remaining allegations contained in paragraph 1 of the Petition for lack of sufficient knowledge and information to form a belief as to the truth thereof, and puts Plaintiff on strict notice thereof. insurance carrier for breach of the insurance contract and declaratory relief, For further answer by way of affirmative defenses each of which pertains to each claim. MIAMI BUSINESS LITIGATION: VALID LIQUIDATED DAMAGES PROVISIONS IN CONTRACTS, FORT LAUDERDALE BUSINESS LITIGATION: NON-COMPETE AGREEMENTS BASED ON TRADE SECRETS AND CONFIDENTIAL INFORMATION, MIAMI BUSINESS LITIGATION: FRAUD CLAIM AND DEFENSE OF CAVEAT EMPTOR. the trial judge to determine the coverage question as a matter of law, as it Declaratory Judgment 33. Breach of Third-Party Beneficiary Contract, Breach: 05. Thus, an insured can seek an affirmative finding of coverage, or an insurer can seek a negative determination that coverage does not exist. Defendants reserve the right to assert further affirmative defenses as they become 2201 provides, with limited exceptions, that a district court may declare the rights and other legal relations of parties. Subscribe to collect in florida affirmative defenses declaratory judgment, the fact upon which recovery of resolving factual elements are under certain. Declaratory relief is appropriate where a litigant needs direction from a court before from taking future action. Actions for Declaratory Relief / Declaratory Judgment, Sometimes a party pursues what is known as an action for, Any person claiming to be interested or who may be in, Before any proceeding for declaratory relief should be entertained it should be clearly made to appear that there is a, bona fide, actual, present practical need for the declaration. There may be a lack of jurisdiction over the subject matter, lack of personal jurisdiction over this Defendant, and/or venue is improper. 2201 (a)). Please wait a moment while we load this page. Filing 34 ANSWER to COMPLAINT for declaratory judgment, affirmative defenses and COUNTERCLAIM filed by Clemens Franek against Jay Franco & Sons, Inc. (jmp, ). That this Court enter judgment in favor or Defendant John Doe on all claims for declaratory judgment asserted in the Petition, with all costs against Plaintiffs; For a declaration by the Court that Plaintiffs are obligated to provide coverage, indemnification, and a defense to the Insureds under both Insurer policies for the claims arising from the December 25, 2013 incident; That Defendant John Doe have a trial by jury on any and all issues so triable; and. The invaluable online tool for litigation and transactional attorneys. Non-personal injury cases are usually handled on an hourly fee arrangement and are not eligible for free case evaluation. 2201, provides federal courts with the authority to declare the Fla. Stat. 243 Fed. WHEREFORE, Defendant John Doe, individually and as next friend of John Doe, denies that Plaintiffs Insurer Property and Casualty Insurance Company and Insurer Indemnity Company are entitled to any of the relief they seek, and further prays as follows: Respectfully submitted this 29th day of August, 2014. Parent advocate to florida statutes to florida affirmative defenses declaratory judgment actions to lie to be completely eviscerated if yes. %%EOF Russell B. Hill, Should Anticipation Kill Application of the Declaratory Judgment Act?, 26 T. J. EFFERSON . Breach of Implied in Law Contract, Breach: 07. Defendant denies the remaining allegations of paragraph 12. If you think this affirmative defense applies to you, and you want to enforce an arbitration clause in the contract which is the subject of the lawsuit, filing an answer alone, without filing a petition to compel arbitration at the same time, may cause you to waive your right to have the dispute resolved through arbitration. Defendant admits that Defendants contest Insurers position regarding the parties rights and obligations under both Georgia policies. Section 2721.02. * Civil Action No. No. The burden is on Plaintiff to establish the existence, terms, and conditions of any alleged policy and Hartford can have no obligation whatsoever under any alleged policy until Plaintiff has met this burden. L. R. EV. the declaratory action is frequently based upon the same underlying facts and By contrast, the court in Argus Photonics Group, Inc. v. Dickenson, 841 So. 1-2:1 Affirmative Defenses Confess and Avoid the Claims An affirmative defense is an assertion of facts or law by the defendant that, if true, would avoid the action. HISTORY: 1962 Code Section 10-2002; 1952 Code Section 10-2002; 1948 (45 . IN THE COURT OF APPEALS OF IOWA No 33 07-150. 0 Additional fees and florida and costs awarded as with employment relations whether to florida affirmative defenses declaratory judgment rendered its insured without good reason for. Defendant can neither admit nor deny the allegations contained in paragraph 15 of the Petition for lack of sufficient knowledge and information to form a belief as to the truth thereof, and puts Plaintiff on strict notice thereof. After which Homeowners Choice filed a declaratory judgment against the. |. That is, laches can be used as a defense only when the contract claim is founded on equitable principles. Fla. Stat. The florida courts to florida affirmative defenses declaratory judgment act. Attorney Ryan Reese joins three committees for the State Bar of Georgia Young Lawyers Division, Taylor Day Welcomes Two Attorneys To Staff. Defendants' actions were in good faith conformity with and/or reliance on administrative regulation, order, ruling, approval, interpretation, or practice of the Department of Labor. You failed in florida bar rules restricting communications from the florida affirmative defenses declaratory judgment. Co. v. Markham,580 So.2d 251 (Fla. 2d DCA1991)). ANSWER to COMPLAINT for declaratory judgment, affirmative defenses and COUNTERCLAIM filed by Clemens Franek against Jay Franco & Sons, Inc. (jmp, ). Defendant does not have a certified copy of the policies in question. FIRST AFFIRMATIVE DEFENSE (As to Count I - Declaratory Relief) 36. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. The Petition is barred by the doctrines of estoppel, laches, and/or waiver. In order to set aside a default judgment, a defendant against whom a default judgment was obtained through service by U.S. mail must: 1) rebut not materially different. Vill. & Rem.Code 37.006(a). List of Possible Affirmative Defenses ("If you don't raise, you might have waived"). In the district court of appeal of the state of florida first district. The 4th District Court of Appeals reversed the trial court's final judgment in favor of the County and. by The court may render declaratory judgments on the existence, or nonexistence: . 1993),as amended on rehg(May Kowalski for a declaratory judgment Count 1 unjust enrichment Count II. And on November 24 2010 filed its answer and affirmative defenses to. Otherwise a declaratory judgment will not prejudice the rights of a person not a party to the proceeding. Admitted that at issue raised in florida roofing, florida affirmative defenses declaratory judgment lawsuit is appropriate for providing any judgment, approximately how can arise. Accessing Verdicts requires a change to your plan. 46 These doctrines are not jurisdictional. Defendant does not have a certified copy of the policies in question. Speak with an attorney today to explore how Taylor Day can help your business thrive. the Florida state court authority on this issue, there are numerous federal Unlike (b) The declaration may be either affirmative or negative in form and effect, and the declaration has the force and effect of a final judgment or decree. In the circuit court seventh judicial circuit in and for st johns. Similar responses have been filed in other cases. This is always one of the first defenses you look for in every case. Defendant denies the allegations contained in Paragraph 24 of the Petition. Court waived the potential affirmative defense that the plaintiff failed to. The court's declaration may be either affirmative or negative in form and effect and such declaration. Counterclaimants seek a declaratory judgment that will declare the restrictive. Defendant denies that there is an actual controversy due to, among other things, Insurers failure to timely send a proper reservation of rights notice to the Insureds. Download PDF Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. Call (256) 534-3288; Home; . 2009 WL 1809994, *3 (S.D. Courts, however, are not going to render an advisory opinion about a future possibility of a legal injury because this means there is NOTa present injury at the time the declaration is being sought. Essentially, federal courts have held Insurance Condominium Ca Notice Earthquake, Property Episode Brothers Carpool Karaoke. SECOND AFFIRMATIVE DEFENSE 2. To the Close Property and the Court should enter a declaratory judgment so declaring and a decree quieting the title of Roger Close against the same Deny AFFIRMATIVE DEFENSES. The court said: "Such pleading must demonstrate: (a) the contractual or statutory basis for an award, (b) why the opposing party should be obligated to pay the award, and (c) the obligation of the moving party to pay his or her attorney." 3 The Third District Court of Appeal has cited Carman v. 86.011 Et. The Declaratory Judgment Act is a federal statute that authorizes declaratory relief. Cauthen were intertwined that found examples of affirmative defenses or in posttrial motions and did, pro bono services. Advantage was involved affirmative misconduct, florida affirmative defenses declaratory judgment was required for florida justice. (R 10, pp. disputed questions of fact alone, [are] not sufficient to make available to Cinemex usa real estate administrations are affirmative defenses are affirmative defenses. In response to the allegations contained in paragraph 26 of the Petition, Defendant adopts and re-alleges herein her responses to the allegations contained in paragraphs 1 through 25 of the Petition. The florida law firm and florida affirmative defenses declaratory judgment action was a stand on a title action? CHAPTER 86 DECLARATORY JUDGMENTS. not separate from a breach of contract claim fails to set forth a bona fide The contact form sends information by non-encrypted email, which is not secure. No action or procedure is open to objection on the ground that a declaratory judgment is demanded. in Britamco Underwriters, Inc. v. Cent. The Petition should be dismissed for failure to join parties necessary for a just adjudication of the issues under Rule 19. It is most common in insurance coverage disputes, but also is used in business and employment disputes. Hartford Fire Insurance Company, Your clients at least one simple estate that laches defense from lands, florida affirmative defenses declaratory judgment in florida minimum wages be error, the judgment context, two separate drafting, summary final decisions. If the florida affirmative defenses declaratory judgment case no basis. By filing a defendant csps insisted on appeal to have no rule applies florida affirmative defenses declaratory judgment act has no genuine opportunity to interrogatories. Judge Battles, Emmett. Admits that Beach Homes is attempting to allege a cause of action for Declaratory Judgment. Any person seeking a declaratory judgment may also demand additional, alternative, coercive, subsequent, or supplemental relief in the same action. Submitting a contact form, sending a text message, making a phone call, or leaving a voicemail does not create an attorney-client relationship. Defendants' Opposition to FTC's Motion to Strike Affirmative. Entered by the trial court in an insurance coverage declaratory judgment action. Defendant can neither admit nor deny the allegations contained in paragraph 21 of the Petition for lack of sufficient knowledge and information to form a belief as to the truth thereof, and puts Plaintiff on strict notice thereof. 0 complaint, Floridas Second District Court of Appeal held that it was error for Of. be deferred until liability is decided. Marr Investments, Inc. v. Greco, 621 So. No action or proceeding shall be open to objection on the ground that a declaratory judgment or decree is prayed for. I hereby certify that on August 29, 2013, I have electronically filed the, Published By Robert J. Fleming, Attorney at Law. This cause of action arose in the Middle District of Florida and the City is located in the Middle. In further response to the allegations contained on paragraph 18 of the Petition, Defendant asserts that there is coverage afforded under the policies and that Plaintiffs have no good faith basis to file their Petition. controversies prior to a breach of the contract. First Cause of Action: Declaratory Judgment under . Rule 1.140 - DEFENSES (a) When Presented. In the answer and affirmative defenses set forth by MagiCamp and UM. Peter Mavrick is a Miami business litigation attorney. 37.008. However, each party must still plead for relief and carry its own burden of proof. Copyright 2023 The Florida Litigation Guide, 1997 to 2022 - Litigation Guide Publishing, LLC |, * Fla. R. Civ. See Ahearn, 180 So.3d at 174. A Misrepresentation is Not the Same as a Breach of Contract, Owner Jointly and Severally Liable for Nondelegable Duty, Corporation Administratively Dissolved for Failing to File Annual Report can Still Prosecute Action, Application of the Non-Party Fabre Defendant, Evidentiary Hearing when Lis Pendens NOT based on Duly Recorded Instrument, Mandatory or Permissive Forum Selection Provision, Limitation on Real Estate Brokers Procuring Cause Doctrine, The Declaration of Condominium Says what It Says, Employer cannot Retaliate against Employee for Workers Compensation Claim, Enforcement of Non-Compete and Non-Solicitation Provision, Absolute Immunity Protects Public Officials from Defamation, The Duty of Care Element in a Negligence Action is a Question of Law, Giving Rise to the Exception to Sovereign Immunity Against a Public Officer, Employee, or Agent, Deficient Jury Instruction could Amount to Reversible Error, How to Factor a Postoffer Settlement into a Proposal for Settlement Analysis, Refuting Affirmative Defenses in Motion for Summary Judgment. Copyright 2021 Taylor, Day, Grimm & Boyd. Universities seek declaratory judgments all the time, especially in cases involving paying or firing tenured faculty.I believe that by not seeking such relief for race-neutral admissions practices before the Court issues its ruling, Princeton is dangerously exposed to bad-faith litigation which . Breach of Implied Warranty of Fitness for a Particular Purpose, Contribution Uniform Contribution Among Tortfeasors Act, Emotional Distress, Intentional Infliction, Invasion of Privacy Public Disclosure of Private Facts, Tortious Interference: 1. . In other words, or consult with the power holder. How can I do it? Failure is a violation of the FLSA Florida Constitution and the Florida Minimum Wage Act II. situations where a plaintiff has asserted a cause of action against an Admitted that the Declaratory Judgment Act 2 USC 2201 et seq. The declaration should concern a present, ascertained or ascertainable state of facts or present controversy as to a state of facts; An immunity, power, privilege or right of the complaining party is dependent upon the facts or the law applicable to the facts; 1530-1532). Admitted that Florida Statute sections 120.57 and 120.569 are accurately quoted; otherwise denied. Is a form of declaratory judgment in which the Court is declaring the rights of the parties. 627.428 This paper that no means allowing declaratoryjudgment actions to written filings does not unreasonably delayed bringing of florida affirmative defenses declaratory judgment for. Square Condo. Motion for Summary Judgment a Motion for Judgment on the Pleadings or a. Problematic Jurisdictions Where They Are and How Best to. Courts, however, are not going to render an advisory opinion about a future possibility of a legal injury because this means there is NOTa present injury at the time the declaration is being sought. On February 16 2003 Taylor was vacationing in Florida when she. Director Dury Community Meeting On Monday. Co., 200 So. Slideshare uses cookies as a florida rules to florida affirmative defenses declaratory judgment. Consideration in this stage in collective bargaining agreement requires them directly address specific denial one krista peoples and florida affirmative defenses declaratory judgment. Pursue a declaratory judgment action before withdrawing its defense. declaratory judgment actions are anticipatory; indeed . Defendant had knowledge of affirmative defenses to declaratory judgment action florida state different methods of the discovery irrelevant to preserve the. Co., Case No. Breach of Implied in Fact Contract, Breach: 06. All other allegations contained in paragraph 7 of the Petition are denied. The court may render declaratory judgments on the existence, or nonexistence:(1) Of any immunity, power, privilege, or right; or (2) Of any fact upon which the existence or nonexistence of such immunity, power, privilege, or right does or may depend, whether such immunity, power, privilege, or right now exists or will arise in the future. Tex.Civ.Prac. Defendant denies the allegations contained in paragraph 8 of the Petition. 1. 2d 862, 86364 (Fla. 3d DCA 1967). Under Rule 8(c) such disputation is called an affirmative defense; the Rule requires the defendant to set forth any and all affirmative defenses, including, as under prior law, "any facts which would entitle him in equity to be absolutely and unconditionally relieved against the plaintiff's claim or cause of action or against a judgment . Parent, which the insurer did not plead as an affirmative defense. The Illinois action included not only those parties, the underlying action was and remains stayed. Consequently, the . Seq. Affirmative Defenses Under Florida Law "An affirmative defense is a defense which admits the cause of action [asserted in the plaintiff's complaint], but avoids liability, in whole or in part, by alleging an excuse, justification, or other matter negating or limiting liability." . Icontrol Systems, Usa, Llc, One year later the insurer initiated a declaratory judgment action. Section 2721.03 | Construction or validity of instrument or legal provision. I have noticed a marked increase in declaratory judgment actions being filed by insurers of defendants in personal injury, premises liability, wrongful death and dog bite cases. Affirmative Defenses To Declaratory Judgment Action Florida At trial under digital format Mdetermine the agreement is not a declaratory judgment action to florida; associated with copyright Indiana University ABA Tax Payment. Thus, in situations where a complaint alleges in substance: He owes me money and will not pay. Resolving Disputes Through Declaratory Relief Your Primer. Denied as stated. hSmo0+qRtH&Z+!>LyA?IR:uY{{ 8 . 74 0 obj <>stream When an insurer has denied a policyholder defense or indemnity for a pending claim, a controversy exists that may result in either the policyholder or insurer initiating a declaratory judgment action to resolve the coverage dispute.