declaratory judgment texas family law

Insrs v. American Home Assur. Co. v. Vic Mfg. 131 (E.D. APP. They cannot file an eviction suit before they give this notice in writing. denied) (any judgment on indemnity was advisory and beyond power and jurisdiction of the court); Campbell v. Commercial Standard Ins. Co. v. Louisiana Farm Bureau Federation, 996 F.2d 774, 778 (5th Cir. dismd by agrmt.) September 1, 2007. 37.003. Costs and fees are not dependent upon the outcome, and can be awarded to either the prevailing or the non-prevailing party. at 468. . 1992), cert. A declaratory judgments purpose is to prevent costly litigation, remove uncertainty, terminate the controversy[ii], and to protect its citizens from injury, debt, damage and penalties;before any loss has been suffered or any offense committed.. Co. v. Vandewater, 907 S.W.2d 491 (Tex. App.San Antonio 1965), affd, 396 S.W.2d 855 (holding state court had no jurisdiction to render advisory opinion while prior suit was pending on appeal in Fifth Circuit, despite federal courts voluntary stay). Co. v. Boll, 392 S.W.2d 158, 161 (Tex. St. Paul had also appealed the original award to state district court, and that suit had also been settled, with a provision for payment of future expenses. The underlying liability suit arose from an accident in which one defendant, while intoxicated, hit the plaintiffs vehicle, killing their daughter. 1993); Trinity Univ. Co., 542 S.W.2d 429 (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. %%EOF Co., 975 S.W.2d 329, 332 (Tex. 37.010. REVIEW. Respondent contends the Supreme Court's holding in Obergefell v. Hodges, 576 U.S. 644 (2015), the "state courts are split as to whether the ruling (in Obergefell) applies retroactively to any marriage." Respondent's Mtn. and that a prior judgment is void. Because the pleadings did not address a fact essential to determining coverage, the court allowed extrinsic evidence. 305 (H.B. denied). See State Farm Mut. LEXIS 8494 (Tex. Genl Agency v. Cooper, 952 S.W.2d 861 (Tex. 1998). 959, Sec. The court remanded for consideration of these factors. 1992); cf. Courts recognize that when there are conflicting positions on coverage, as when the insurer reserves rights, there is no privity between the insured and the insurer on issues relating to coverage, which are also at issue in the underlying case. 8. 7 0 obj & Rem. Civ. Court refused this collateral attack on prior judgment by declaration. Definition of Declaratory Judgment Noun A legal determination, made by a court, resolving a legal uncertainty within a legal action by outlining the facts of the case before it. Estates Construction Lane-Jones v. Estate of Not Reported in S.W.3d Houston (14th Dist.) at 313. 97 (E.D. 1, eff. App. 2002, no pet. endobj 7531-7541. However, because family settlement agreements are treated as contracts under Texas law, it is important that all of the parties . 1993), cert. Co. v. Cooper Machinery Corp., 817 F.Supp. endobj As long as both parties agree to the three elements listed in Section 2.401, they meet the requirements of a common law marriage. DECLARATIONS RELATING TO LIABILITY FOR SALES AND USE TAXES OF ANOTHER STATE. 1974, no writ). App.Austin 1998, pet. A future interest in a potential judgment has been held insufficient to allow intervention. In Wade, the insurer argued that it was not challenging the veracity of the facts alleged, but had a defense independent of the pleadings. (providing a "court . Nevertheless, some courts have concluded that declaratory relief is inappropriate where another cause of action is fully mature and provides an appropriate remedy at law. of Trans., 999 S.W.2d 881, 883 (Tex. Yes*! San Antonio, TX 78216 Id. App.Austin, Oct. 2, 2003, no pet. 30. Cf. ), the court held the county where the agent was located, the policy was sold, and the claim was reported, was not a proper venue. . Co. v. Tandy Corp., 986 F.2d 94, 96 (5th Cir. Wade, 827 S.W.2d at 451. Co. v. Sassin, 894 F.Supp. In Gonzales v. American States Ins. Under the Declaratory Judgment Act, district courts have discretion to determine whether to entertain an action. relief is or could be sought." 28 U.S.C. App.Dallas 1998, pet. The Historic Hamm Building Co. v. Prac. 1993). A. (not justiciable controversy); Foust v. Ranger Ins. Under this rule, the insurers defense obligations are determined by the allegations of the pleadings and the language of the insurance policy, without regard to the actual facts. dismd, 507 U.S. 1026 (1993). Westport v. Atchley, Russell, Waldrop & Hlavinka, 267 F. Supp. Co. v. Gandy, 925 S.W.2d 696 (Tex. App.Austin 1987, no writ); Safeway Mng. Defense counsel may, nonetheless, have protected certain information from disclosure, for fear that it was effect coverage, and violate counsels own ethical obligations. 45 . . hb```c`` AX,$)00(IrZ Ny d3Vttt00 See Granite State Ins. Co v. Civ. FFC Home Page / 5 Reasons to file a Declaratory Judgment. Tex. When you get the motions and read the second book, you will get the most out of this class. Ins. Sept. 1, 1985. 959, 1, eff. 1, eff. at 1280 (insurer not precluded from relitigating course and scope of employment). DECLARATIONS RELATING TO TRUST OR ESTATE. Co. v. Boll, 392 S.W.2d 158, 161 (Tex. The court in Griffin relied upon a change in the Texas Constitution, expanding the scope of district court jurisdiction and eliminating the minimum amount in controversy. v. Mitchell, 138 F.3d 208, 210 (5th Cir. Sept. 1, 1985. You may use the information for your individual case only. App.Fort Worth 1992, writ denied) (insurer not estopped by failing to have declaratory judgment determined before judgment in underlying case). A Declaratory Judgment allows you to establish with your court what your rights are before you take steps which might involve you in costly litigation. (A) A person interested under a deed, will, written contract, or other writings constituting a contract or whose rights, status, or other legal relations are affected by statute, municipal ordinance, contract, or franchise may have determined any question of construction or validity arising under the instrument, statute, ordinance, contract or franchise and obtain a declaration of rights, status, or other legal relations there under. P. 301; Logan v. Mullis, 686 S.W.2d 605, 609 (Tex . 699 (H.B. Civ. (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. An action or proceeding is not open to objection on the ground that a declaratory judgment or decree is prayed for. Civ. See, e.g., Commercial Metals Co. v. Balfour, Guthrie & Co., Ltd., 577 F.2d 264 (5th Cir. (c) Notwithstanding Section 22.001, Property Code, a person described by Subsection (a) may obtain a determination under this chapter when the sole issue concerning title to real property is the determination of the proper boundary line between adjoining properties. Declaratory Judgments Act) Texas CPRC Plus REF KFT 1728.A196 A2 CPRC Ch. Civ. 37.004. Can I Still File if I am already in Costly Litigation? Tex. E.g., Wilton v. Seven Falls Co., 515 U.S. 277 (1995); American States Ins. Sec. [Read opinion here.] Sec.A37.003.AAPOWER OF COURTS TO RENDER JUDGMENT; FORM AND EFFECT. See, e.g., Ohio Cas. (4) to determine rights or legal relations of an independent executor or independent administrator regarding fiduciary fees and the settling of accounts. If any facts within the scope of coverage are determined, however, an insurer is required to defend. Co., 418 S.W.2d 712, 715-16 (Tex. It may be appropriate for courts to abstain, in certain circumstances. App.San Antonio 1998, pet. 37.005. SHORT TITLE, CONSTRUCTION, INTERPRETATION. App.Dallas 2001, pet. App.Dallas 2001, no pet.) Under state or federal law, declaratory relief is only appropriate when there is an actual case or controversy. Guar. *I`Sl,'dpC2\,AMia*K/[ -M @ICPgIw5 Y k]x?4 :D R*NuNK^CXdmS0I,-B Co. v. River Entertainment, 998 F.2d 311, 315 (5th Cir. Texas follows the American Rule Protective orders are still relatively simple, and can usually be subject to an agreed motion in federal court. The Federal act is broader in scope. Co. v. Cooper Mach. App.Amarillo 1997, no pet.). R. Civ. App.Beaumont 1999, pet. Tex. See Travelers Ins. Clearly, the insurer should be entitled to discovery of anything that has been discovered in the underlying suit. Jan. 25, 2019) is a mandamus case involving an insurer's motion to dismiss a declaratory judgment action by a law firm seeking a declaration of non-liability for malpractice in representing the insurer and advising it did not owe a defense in an underlying suit. Am., 845 S.W.2d 794, 801 (Tex. Sec. Code 37.002 (b). 959, Sec. Acts 1985, 69th Leg., ch. Where extrinsic evidence is offered, however, the scope of discovery should be broader. 28 U.S.C. <> If done right, it can save parties to a probate dispute time and money, and avoid the uncertainty of litigation. Ins. 3. At issue was a declaratory judgment action over whether medical expenses were owed to an insured worker, under The Workers Compensation Act, where the expenses were incurred after settlement of the employees negligence suit against a third party. (a)For Claimant. (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. 1968). 1997), the Supreme Court reaffirmed the complaint allegation rule, with dicta suggesting that the exception for extrinsic evidence would be narrowed. Co. v. Deering Mgmt. Code 6.305 (a) (1)- (2). Texas Pattern Jury Charges, published by the State Bar of Texas, is a compilation of definitions, jury instructions, and supplemental material, intended to assist practitioners with developing jury charges. Saint Paul, MN 55102 Further, while it is unlikely that an insurer wishes to proceed, without protective order, to establish evidence that demonstrates the insureds liability as the insurer has not yet prevailed on its coverage defenses it is also unclear under what standard the insured should be able to protect otherwise discoverable information, simply because it is damaging. Therefore, either diversity or federal question jurisdiction must still exist. See Southern County Mut. 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. Allstate Ins. 5 0 obj The declaratory judgment action allows relief, even where another remedy exists. SEGURA.POSTMACRO.3 (DO NOT DELETE) 6/19/2015 8:20 AM DISPUTING THE BOUNDARY OF THE DECLARATORY JUDGMENTS ACT Philip Thomas Segura* I. TRESPASS TO TRY TITLE OR DECLARATORY JUDGMENTS ACT Texas state law provides that "[a] trespass to try title action is the method of determining title to lands, tenements, or other real property."1 In Texas, this is the only method of resolving property . Sec. Other Resources you might find helpful to help you get through the stress and emotional turmoil involved during the time that you have uncertainty and fear of losing your child and control over your life and your money: **It is your responsibility to prove that the PALMERS qualify as an expert in your state and can testify. may declare the rights. Ins. Suite 400 In a decree for divorce or annulment, the court shall order a division of the estate of the parties in a manner that the court deems just and right, having due regard for the rights of each party and any children of the marriage. 1993) (Colorado River factors inapplicable in declaratory judgment action); Granite State Ins. (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. %PDF-1.5 App.Fort Worth 1978, no writ); Providence Lloyds Ins. Uniform Declaratory Judgment Act A party to a declaratory judgment claim may recover "reasonable and necessary attorney's fees as are equitable and just" under the Uniform Declaratory Judgment Act (UDJA), which is codified in Chapter 37 of the Texas Civil Practice and Remedies Code. 6#7a |mp}v"VY2I The Federal Declaratory Judgment Act creates a remedy, not a basis for jurisdiction. Instead, a party may recover fees only where controlling substantive law permits recovery. (b) A contract may be construed either before or after there has been a breach. In Williamson, a jury awarded the claimant damages against the insured for false imprisonment. Further relief based on a declaratory judgment or decree may be granted whenever necessary or proper. 1996); Williamson v. State Farm Lloyds, 76 S.W.3d 64 (Tex. 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. Step 1: Written Notice to Vacate. Co. v. Bailey, 133 F.3d 363, 368 (5th Cir. Sec. The court then noted the special concerns applicable in declaratory actions. If a proceeding under this chapter involves the determination of an issue of fact, the issue may be tried and determined in the same manner as issues of fact are tried and determined in other civil actions in the court in which the proceeding is pending. Indemnity, on the other hand, is based on actual facts and should always be subject to extrinsic evidence. The Declaratory Judgment Act states "Courts of record, within their respective jurisdictions, shall have power to declare rights, status, and other legal relations." See 42 Pa. C.S.A. Sec. The following are some specific ways that declaratory judgments can be used in family law. )1^Hl]TgxY8Ubs,! 9@Dyp*l8sA!N\X LEXIS 1736 (Tex. (because claimant could not bring suit, she had no right to intervene); see, e.g., Graciela v. Tagle, 946 S.W.2d 504 (Tex. App.Amarillo 1976, writ refd n.r.e. denied). App.Houston [1st Dist.] The declaratory judgment is to also help you prevent additional costly litigation as stated above. 1996). Co. of Texas v. Erskine, 169 S.W.2d 731 (Tex. Despite its title, this order would not be a final judgment because it does not dispose of all claims at issue in the lawsuit. App.Houston [14th Dist.] Sept. 1, 1985. . Tex. Also, seeking title by declaratory judgment is improper. Eskew, 731 S.W.2d 124, 132 (Tex.App.-Austin 1987, writ ref'd n.r.e.) Federal courts are especially reluctant to exercise jurisdiction if there is a parallel state court proceeding even if subsequently filed that includes all necessary parties and will resolve the issues. 2d 719 (S.D. Indemnity is based on the actual facts establishing liability in the underlying suit. . Tex. The insured was located in Hidalgo County, the car was purchased in Hidalgo County, and the salesman contacted the agent by phone, from Hidalgo County, to add the car to the policy. The declaratory action may also bring the coverage issues into focus for the plaintiff, and assist the insured in negotiating settlement. Co. v. Cowan, 945 S.W.2d 819 (Tex. P. 26; Tex. App. Utica Lloyds of Tex. (c) The enumerations in Sections 37.004 and 37.005 do not limit or restrict the exercise of the general powers conferred in this section in any proceeding in which declaratory relief is sought and a judgment or decree will terminate the controversy or remove an uncertainty. Rule 57, FED. The Fifth Circuit overruled prior case law to conform with the Supreme Courts ruling. xX]oF}G?SeW0W44q>EqU{s@N|Bt2&iw'PmH'4QH1_>{'Y7bLH dB4uX;iYtI7F7*L^F Ins. 7) whether the federal court is being called on to construe a state judicial decree involving the same parties and entered by the court before whom the parallel state suit between the same parties is pending. 1993) (whether accident arose from liquor liability); Acceptance Ins. Volumes are organized by broad practice area and are generally sold individually, since few practitioners have need for all of them. Youell & Cos v. Getty Oil Co., 510 U.S. 820 (1993); Service Mutual Ins. 1995). She enables parents and attorneys to assert rights and convert the constitutional principles into everyday practice and natural language. App.Houston 1965, writ refd n.r.e.) 2.401 (a) (West 2006) See Murray, 437 S.W.2d 264 (Tex. Co. v. Deering Mgmt. As au- App.Houston [14th Dist.] 651-389-5000, 10001 Reunion Place Prac. (whether policy was void or loss was covered presented justiciable controversy); American States Ins. Sept. 1, 1999. 1998), overruled on other grounds, State Farm Fire & Cas. In a straight complaint allegation case, for instance, there should be extremely limited discovery, beyond verification of the pleadings and the policy. (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. 1996). See, e.g., City of Galveston v. Giles, 902 S.W.2d 167 (Tex. See, e.g., State Farm Fire & Cas. The abundance of case law allowing extrinsic evidence, however, suggests that the exception will continue. Flexibility of Court in Awarding Fees. 1998). 1994), the court reviewed abstention doctrine in relation to declaratory judgment actions. ***It is your responsibility to make sure that this is appropriate for your individual case. Citing the Travelers case, the court recited the relevant factors the court must consider in determining whether to dismiss a declaratory judgment action: 1) whether there is a pending state action in which all of the matters in controversy may be fully litigated; 2) whether the plaintiff filed suit in anticipation of a lawsuit filed by the defendant; 3) whether the plaintiff engaged in forum shopping in bringing the suit; 4) whether possible inequities in allowing the declaratory plaintiff to gain precedence in time or to change forums exist; 5) whether the federal court is a convenient forum for the parties and witnesses; 6) whether retaining the lawsuit in federal court would serve the purposes of judicial economy; and. Instead, plaintiffs alleged River Entertainment was negligent for allowing the defendant to leave, in his own vehicle, when they should have known his driving ability was impaired. 2201, and further provides for a jury trial. Fam. 2005); In re Marriage of Byrne, 179 Ill.App.3d 944 (1st Dist. 1 0 obj denied, 511 U.S. 1032 (1994). 19821 DECLARATORY JUDGMENTS IN TEXAS their statutory law. The award is subject to reversal only if it is arbitrary and unreasonable. Co. v. Burch, 442 S.W.2d 331, 337 (Tex. Tuesday, February 28, 2023. As amended through January 27, 2023. As a general rule, only one final judgment may be signed in a lawsuit (note, thought, that this rule does not always apply in probate and family law cases). See, e.g., Sylvester v. Watkins, 538 S.W.2d 827 (Tex. A Texas Rule 11 family settlement agreement can be a wonderful tool to resolve a Texas probate dispute. POWER OF COURTS TO RENDER JUDGMENT; FORM AND EFFECT. Acts 1985, 69th Leg., ch. Background This case involves a dispute over a . This article is designed to acquaint investors with basic rules and procedures involved in Texas litigation. ATTORNEY'S FEES IN DECLARATORY JUDGMENTS. Still, there are often strategic benefits to filing early. As amended through January 27, 2023. Co. v. Fraiman, 514 S.W.2d 343, 346 (Tex. 1994). . App.Corpus Christi 1998), revd on other grounds, 995 S.W.2d 675 (Tex. Co. v. Patriot Sec., Inc., 926 F.Supp. declaratory judgment: Statutory remedy for the determination of a Justiciable controversy where the plaintiff is in doubt as to his or her legal rights. All Rights Reserved. The district court dismissed the indemnification issue, but granted judgment on defense, based on the extrinsic evidence. h.). 1364 (N.D. Tex. App.Corpus Christi 2002, pet. You want to get the most out of these motion arguments, so make sure you do step 1 and 2 as well. 4 . Co. v. Am. 2 The courts decision has been described as carving out an exception, rather than overruling prior law. 1997) (whether vehicle was owned by insured); Harken Exploration Co. v. Sphere Drake Ins., PLC, 261 F.3d 466 (5th Cir. (a) When declaratory relief is sought, all persons who have or claim any interest that would be affected by the declaration must be made parties. v. Texas Air Control Bd., 852 S.W.2d 440, 446 (Tex. Sec. App.San Antonio 1998, pet. Start with the updated Protecting Family Rights course. ); Rice v. Alamo Rent-A-Car, Inc., 987 S.W.2d 231 (Tex. Dept. (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. In Foust v. Ranger Ins. Co., 387 S.W.2d 22, 25 (Tex. 2201(a) . Co. of N. Co. v. Burch, 442 S.W.2d 331 (Tex. P., also addresses declaratory judgments, by reference to 28 U.S.C. denied) (disallowing evidence of workers compensation payments to establish employment). denied sub nom. endstream endobj 141 0 obj <. Federal Jurisdiction Issues A. Diversity Jurisdiction 1. Litigation in Texas. 4 0 obj The federal act allows the court to declare the rights of any interested party.. CIV. Local venue flavor/influences II. We do not guarantee or warrant any of this information. Austin, TX 78746 2010), Sec. See, e.g., Wilton v. Seven Falls Co., 515 U.S. 277, 286 (1995). at 332. Rules 38 and 39 govern a demand for a jury trial. 2283. 1965, writ refd n.r.e.) Typically, an anti-suit injunction is appropriate in limited instances: 1) to address a threat to the courts jurisdiction; 2) to prevent the evasion of important public policy; 3) to prevent a multiplicity of suits; or 4) to protect a party from vexatious or harassing litigation. Where Can I Get More Information and Training? " (emphasis added)). Co. v. Blevins, 741 S.W.2d 604, 606 (Tex. DEFINITION. In determining amount in controversy, the court may consider policy limits and defense costs, and is not necessarily limited by the damages pleaded in the underlying suit. The above information is taken from the Palmers training on their sample motions, parental rights motions. The Act provides you with a mechanism to get a ruling from the court before you are dragged through costly litigation. 37.007. effectuate its general purpose to make uniform the law of those states that enact it and to harmonize, as far as possible, with federal laws and regulations on the subject of declaratory judgments and decrees. An action or proceeding is not open to objection on the ground that a declaratory judgment or decree is prayed for. Texas Uniform Declaratory Judgments Act, You can get sample motions here: Declaratory Relief Declaratory Judgment and Rights. We are not responsible for you using any of this information. The court may order a speedy hearing of a declaratory judgment action. P., specifically provides, with regard to joinder of third parties, that This rule shall not be applied, in tort cases, so as to permit the joinder of a liability or indemnity insurance company, unless such company is by statute or contract liable to the person injured or damaged. Most policies include a no action provision that provides that a third partys right of action against the insured does not arise until there is a settlement, to which the insurer has agreed, or a judgment against the insured. 167, Sec. Bonham State Bank v. Beadle, 907 S.W.2d 465 (Tex. A court can dismiss a declaratory action even if it fails to meet the stringent standards for abstention. Although efforts are occasionally made, it is inappropriate for the insurer to be joined as a defendant in a liability suit. 37.008. A declaration does not prejudice the rights of a person not a party to the proceeding. Sherrys teachings are unique and cutting edge to the family law industry developed by her and her husband. If your state does not have a declaratory judgment statute that provides you the ability to be heard on your constitutional rights consider filing in federal court for this relief. Co., 996 S.W.2d 207 (Tex. The collision was also in Hidalgo County, as was the liability suit. On the other hand, if the plaintiff engaged in fraud or misconduct designed to avoid service, the court may be able to set aside a default . (d) In determining whether to grant declaratory relief to a business under this section, a court shall consider: (1) the factual circumstances of the business's operations that give rise to the demand by the other state; and. See Bailey, 133 F.3d at 369 n.4; Travelers Ins. App.Corpus Christi 1982, no writ) (could not consider facts of ownership that conflicted with petition); Calderon v. Mid-Century Indem. SUBJECT MATTER OF RELIEF. Sec. 2 0 obj It is not an abuse of discretion, however, to retain a suit, and to decide issues of indemnity, even before the underlying liability suit has reached judgment. Genl Ins. Obviously, the nature of the coverage issue to be determined will also determine the scope of discovery. App.Corpus Christi 2000, no writ). 1, eff. e) Summary judgment is available in declaratory judgment actions. 37.003. 31 declaratory judgment be granted as requested herein, and Plaintiff be awarded costs and reasonable and necessary attorney's fees, and for such other and further relief that may be awarded at law or in equity. See Brillhart v. Excess Ins. See, e.g., Standard Fire Ins. Individuals may seek a declaratory judgment after a legal controversy has arisen . Copyright 2013 - 2023. See State Farm Fire & Cas. Because the Declaratory Judgment Act expressly allows plaintiffs who win declaratory relief to seek injunctive relief either simultaneously or subsequently, any losing defendant will know that the potential for sanctions is only one step away. Ins. (b) A district court has original jurisdiction of a proceeding seeking a declaratory judgment that involves: (1) a party seeking declaratory relief that is a business that is: (A) organized under the laws of this state or is otherwise owned by a resident of this state; or, (B) a retailer registered with the comptroller under Section 151.106, Tax Code; and, (A) is an official of another state; and. 1995); but cf. There is nothing that we find in the Declaratory Judgment Act that precludes you from filing this and asking your court to make this determination while you are in litigation. 97, 99 (E.D. "A declaratory judgment is appropriate only when there is a justiciable controversy about the rights and status of the parties, and the declaration would resolve the controversy." (Kinnard v. Collin Co Bail Bond (2006) No. Ins. & Rem. The focus is on the factual allegations that show the origin of damages, rather than the legal theories alleged. A fee award is not mandatoryunder the UDJA . Co. v. Childress, 650 S.W.2d 770, 775-76 (Tex. 1995). C.M.W., 53 S.W.3d 877 (Tex. 37.009. In American Genl Fire & Cas. PARTIES. 1996). <>/ProcSet[/PDF/Text/ImageB/ImageC/ImageI] >>/MediaBox[ 0 0 612 792] /Contents 12 0 R/Group<>/Tabs/S/StructParents 1>> Under Texas substantive law, attorneys fees may be available to the insured if the insurer has breached its duty to defend or indemnify. hbbd```b``3@$i6D2j`5`YOe= "Ydl_02]fIk`|g One of the factors the courts will review is whether the declaratory action is filed in anticipation of a state court suit. Declaratory judgment actions have been a recognized civil vehicle for more than one hundred years. When there is uncertainty as to the legal obligations or rights between two parties, a declaratory judgment offers an immediate means to resolve this uncertainty. We are experienced Texas civil litigation attorneys based in Fort Worth who know Texas courts and Texas law. A party seeking to recover upon a claim, counterclaim, or cross-claim or to obtain a declaratory judgment may, at any time after the adverse party has appeared or answered, move with or without supporting affidavits for a summary judgment in his favor upon all .

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