When Can You File a Declaratory Judgment Action' - Insurance Journal After the federal court ruled in favor of Nautilus, holding that it did not owe a duty to defend, Nautilus filed a motion for recoupment of its defense costs. denied sub nom. For Co. v. Watson, 876 S.W.2d 145, 149 (Tex. 2001) (when lease obtained); Guaranty Natl Ins. While federal abstention doctrine is equally applicable to declaratory judgments action, courts are particularly vigilant in exercising their discretion to protect comity and prevent forum shopping. K-yXHMKS mmgOT}|aMz0. 2004). 2d 719, 725 (D. Minn. 2005) (applying Texas law); Forum Ins. In re Houston Specialty Insurance Co., 569 S.W.3d 138 (Tex. Therefore, either diversity or federal question jurisdiction must still exist. (a) A court of record within its jurisdiction has power to declare rights, status, and other legal relations whether or not further relief is or could be claimed. See Natl Union Fire Ins. (As amended Dec. 29, 1948, eff. Explainer: How did the battle between Ron DeSantis and Disney escalate? While for years there was a question in the Federal courts as to whether 38.001, Tex. Similarly, courts have held that an insurance company has no right to intervene in the liability action against the insured to seek a coverage determination. (b) In any proceeding that involves the validity of a municipal ordinance or franchise, the municipality must be made a party and is entitled to be heard, and if the statute, ordinance, or franchise is alleged to be unconstitutional, the attorney general of the state must also be served with a copy of the proceeding and is entitled to be heard. <> 214-871-8200, One Riverway 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. at 368-69. App.Dallas 1998, no pet.). Co. v. Burch, 442 S.W.2d 331 (Tex. Build the strongest argument relying on authoritative content, attorney-editor expertise, and industry defining technology.
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