Go to this page for more information on this path: Federal Court Declaratory Relief Declaratory Judgment sample motions. An insurer should not be held to have waived its right to litigate coverage by defending under reservation of rights, or by delay in filing a declaratory judgment action. [ii]Civil Practice and Remedies Code Declaratory Judgments Sec 37.002 and Sec 37.003 (c) (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. Can I Still File if I am already in Costly Litigation? If any facts within the scope of coverage are determined, however, an insurer is required to defend. Unless the lease agreement says otherwise, the landlord must give the tenant at least 3 days to move out. See Farmers Tex. 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. There is a contract, and a dispute over the parties rights and obligations under the contract. Civ. DECLARATORY JUDGMENTS :: 2015 Texas Statutes - Justia Law 37 Declaratory Judgments Texas Family Law Manual KFT 1294.T4S7 Ch. Civ. . 214-871-8200, One Riverway ydXOEp Pzz2 -Ia5D(eUE02Xd#zG5 ;}srmVY9c~Vqz6#tUy/`ck$cVpxKCoo,}o{T#@TQ]%5|@Rtx~K9jptm> oL 2201(a) . Protective orders are still relatively simple, and can usually be subject to an agreed motion in federal court. As with the state act, one of the exceptions allows a federal court to enjoin re-litigation in state court to protect or effectuate its judgments. See Royal Ins. 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. The firm's new office location is 5601 Bridge Street, Suite 300, Fort Worth, Texas 76112. . Where suits are filed in two states, one court may abstain in favor of the first-filed suit. (although judgment reversed on coverage, no indication courts refusal to award fees to either party was abuse of discretion). Auto Ins. & Liab. denied), the court held it was permissible, and not purely advisory, to determine the number of occurrences involved in the underlying litigation. 855, Sec. Co. v. Patriot Sec., Inc., 926 F.Supp. Does a Partition Agreement Present a Justiciable Controversy? | Texas Co. v. Travis, 68 S.W.3d 72, 77 (Tex. 97, 99 (E.D. Co. of N. Civ. denied); see also State Farm Fire & Cas. App.Dallas 1998, pet. In Bradleys Electric, the court rejected an argument from the insured that the county where the insurance contract was negotiated and executed was the only proper venue, but recognized it was also proper. Sherry attributes successfully developing the most powerful tools and a five-stage formula to assist attorneys and pro se parents get better results and fight legal abuses that occur in the family court settings. Indemnity is based on the actual facts establishing liability in the underlying suit. <> Dallas Family Lawyer | Establishing Achievable Goals | Dallas Divorce dismd, 507 U.S. 1026 (1993); cf. Texas Pattern Jury Charges: Home - Texas Tech University School of Law In this chapter, "person" means an individual, partnership, joint-stock company, unincorporated association or society, or municipal or other corporation of any character. Rule 91a - Dismissal of Baseless Causes of Action. App.Houston [14th Dist.] App. See TEX. Federal Jurisdiction Issues A. Diversity Jurisdiction 1. 1996); Williamson v. State Farm Lloyds, 76 S.W.3d 64 (Tex. v. Texas Air Control Bd., 852 S.W.2d 440, 446 (Tex. [i]Since the state requires that you file some sort of lawsuit to protect your rights and time to your child and your property, and most state statutes authorize the use of state power to affect these rights, you should consider using declaratory judgment to establish what process and procedure your court will use to protect you and your child from the harm of a court completely ignoring process and procedure required for fundamental rights. 91a.1 Motion and Grounds. 1997)2; see also State Farm Lloyds v. Void Marriages in Texas | Texas Law Help P. 26; Tex. (c) This chapter shall be so interpreted and construed as to 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. In American Genl Fire & Cas. Co. v. Murray, 437 S.W.2d 264, 265-66 (Tex. ATTORNEY'S FEES IN DECLARATORY JUDGMENTS. Ins. o FRCP Rule 57. 1996). A binding adjudication of the rights and status of litigants even though no consequential relief is awarded. 1. App.Corpus Christi 1997, no pet.) What Is A Declaratory Judgment In An Illinois Divorce? App.Houston 1998, pet. On appeal, HTC challenged: " (1) the district court's exclusion of three of HTC's requested jury instructions; (2) the district court's declaratory judgment that Ericsson had complied with . 1992); cf. If you would like additional TRAINING: You canHIRE the PALMERS** to teach your attorney how to argue the declaratory judgment motions for you in your family law or divorce case. A fee award is not mandatoryunder the UDJA . 1969); Getty Oil v. Ins. 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.. Court Addresses Property Line Dispute Involving - Texas Agriculture Law The existence of another adequate remedy does not preclude a declaratory judgment that is otherwise appropriate. 1974, no writ). Google it and find out how your State has interpreted this remedy. The court, however, concluded this was not a county in which a substantial part of the facts giving rise to the coverage dispute arose. 1968). Co. v. Burch, 442 S.W.2d 331 (Tex. d) The court may also grant summary judgment against the moving party, if appropriate. Section 37.003 says that courts of record have within their jurisdiction the "power to declare rights, status and other legal relations whether or not. Tex. Cigna Lloyds Ins. Cluett v. Medical Protective Co., 829 S.W.2d 822, 826 (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. Civ. 2283. 1979, no writ) (not justiciable controversy); Boorhem-Fields, Inc. v. Burlington Northern Railroad Co., 884 S.W.2d 530 (Tex. The declaratory judgment is to also help you prevent additional costly litigation as stated above. The answer may depend upon whether the insurer has defended or simply denied coverage, and the extent to which the issue is actually material to, and fully litigated in, the underlying dispute. Auto. Corp. v. Vacuum Tanks, Inc., 975 F.2d 1130, 1133 (5th Cir. 97 (E.D. hbbd```b``3@$i6D2j`5`YOe= "Ydl_02]fIk`|g COURT REFUSAL TO RENDER. 189 0 obj <>stream Code37.009 provides that in any proceeding under this Chapter, the court may award costs and reasonable and necessary attorneys fees as they are equitable and just.. There are exceptions, however, (1) when conduct estops a party from asserting prior active jurisdiction; (2) where parties are lacking; or (3) where there is lack of intent to prosecute. LEXIS 8494 (Tex. A trial court has discretion to enter declaratory judgment if it will serve a useful purpose or will terminate the controversy between the parties. Id. Co. v. Kelliher, 343 S.W.2d 278 (Tex. A Texas court may also enjoin the litigants from moving forward on the same issues in any other jurisdiction. Federal: Declaratory Judgment Act, 28 U.S.C. Civ. The focus is on the factual allegations that show the origin of damages, rather than the legal theories alleged. Texas law does not require the couple to be together for a specific period of time before they can declare themselves to be in a common law marriage. App.Corpus Christi 2000, no writ). App.Dallas 1992, writ denied) (insurer not collaterally estopped from challenging findings); United States Fire Ins. For our purposes, "litigation" refers to the filing and prosecuting of a real estate-related lawsuit, or defense against one, in the Texas county civil courts at law or the civil district courts. Here are the requirements: An informal or common-law marriage exists in Texas if the parties (1) agree to be married, (2) live together in Texas as husband and wife after the agreement, and (3) represent to others that they are married. <>/ProcSet[/PDF/Text/ImageB/ImageC/ImageI] >>/MediaBox[ 0 0 612 792] /Contents 12 0 R/Group<>/Tabs/S/StructParents 1>> Common Law Marriages Texas Probate Litigation 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. 2 The courts decision has been described as carving out an exception, rather than overruling prior law. This information is not a substitute for an attorney. P. 301; Logan v. Mullis, 686 S.W.2d 605, 609 (Tex . One common element circuit courts often point to is whether the suit was brought . POWER OF COURTS TO RENDER JUDGMENT; FORM AND EFFECT. App.Dallas 2001, no pet.) App.El Paso 2000, no pet. at 332. PDF Defendant's Attorney's Fees - Collin County Bar 37.003. PDF What to Expect in Texas Family Law Court - Texas Tech University Concho counterclaimed for breach of contract and a declaratory judgment premised on the signed 2008 letter. xX]oF}G?SeW0W44q>EqU{s@N|Bt2&iw'PmH'4QH1_>{'Y7bLH dB4uX;iYtI7F7*L^F Tex. Co., 975 S.W.2d 329, 332 n.1 (Tex. Id. denied sub nom. App.Fort Worth 1998, no pet.) Motion - FOR DECLARATORY JUDGMENT November 30, 2016 | Trellis App.Dallas 2001, pet. 1991). App.Fort Worth 1973, writ refd n.r.e.). See Bituminous Cas. %PDF-1.5 Civ. ); Rice v. Alamo Rent-A-Car, Inc., 987 S.W.2d 231 (Tex. POWER OF COURTS TO RENDER JUDGMENT; FORM AND EFFECT. 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. Where extrinsic evidence is offered, however, the scope of discovery should be broader. App.Austin 1998, pet. Co., 628 S.W.2d 184 (Tex. PDF Declaratory Judgment Research Guide In this instance, both state and federal courts have readily allowed the use of extrinsic evidence to determine the duty to defend. Is That Declaratory Judgment Order AppealableOr Not? : `g`R@, w@T!A4Au~?8\m`g`v4oy@+./`N`p4#fb` w{X0=@ d$ Ellison sought a declaratory judgment to that effect and also brought claims for trespass to try title, trespass to real property, conversion, unlawful drainage, gross negligence, and nonpayment of oil and gas proceeds. v. Mitchell, 138 F.3d 208, 210 (5th Cir. Rule 57. Declaratory Judgment | Federal Rules of Civil Procedure | LII 2201. Co. v. Taylor, 832 S.W.2d 645 (Tex. 2000). Declaratory judgment actions have been a recognized civil vehicle for more than one hundred years. App.Corpus Christi 1982, no writ) (could not consider facts of ownership that conflicted with petition); Calderon v. Mid-Century Indem. Ins. * Associate Professor of Law, Texas Tech University School of Law. Acts 2007, 80th Leg., R.S., Ch. 37.002. While some older cases find an insurer cannot re-litigate facts, if it has wrongfully refused to defend, recent cases have held that an insurer is not bound, in any circumstance, where the facts allegedly establishing coverage are not fully litigated. Co. v. Rio Grande Heart Specialists of So. "Since its inception, the Declaratory Judgment Act has been understood to confer on federal 1973) (court had no authority to order declaration against insurer in response to insureds motion for summary judgment on insurers claims); Indigo Oil, Inc. v. Wiser Oil Co., 1998 TEX. Acts 1985, 69th Leg., ch. SHORT TITLE, CONSTRUCTION, INTERPRETATION. 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. See, e.g., State Farm Fire & Cas. See, e.g., Standard Fire Ins. 1998); see also Abraxas Petroleum Corp. v. Hornburg, 20 S.W.3d 741 (Tex. Declaratory Judgment These rules govern the procedure for obtaining a declaratory judgment under 28 U.S.C. of Trans., 999 S.W.2d 881, 883 (Tex. Ins. See, e.g., Ohio Cas. Why File a Declaratory Judgment in State Court? The North Dakota Supreme Court concluded the district court lacked subject matter jurisdiction because Appellants failed . Suite 300 Further necessary or proper relief based on a declaratory judgment or decree may be granted, after reasonable notice and hearing, against any adverse party whose rights have been determined by such judgment. September 1, 2007. Texas Air Control Bd., 852 S.W.2d at 444. Co. v. Trejo, 39 F.3d 585 (5th Cir. Co. of Texas v. Erskine, 169 S.W.2d 731 (Tex. & Rem. Civ. for Declaratory Judgment at 3. endstream endobj 141 0 obj <. To establish federal jurisdiction in a declaratory judgment action, two conditions must be satisfied. See Travelers Ins. App.Fort Worth 1961, writ refd n.r.e.) A declaratory judgment claim can be useful in a wide variety of circumstances. 1445(c) and federal abstention principles. Until a writ of possession is issued, the tenant can remain in their home. App. While for years there was a question in the Federal courts as to whether 38.001, Tex. The march towards a nation-wide fulfillment of the concept suf-fered a temporary setback in 1910 by the decision of the Supreme Court of the United States in Muskrat v. United States. The Fifth Circuit overruled prior case law to conform with the Supreme Courts ruling. Texas is not a direct action state, and a claimant typically has no claim against an insurer until a judgment is obtained. 651-389-5000, 10001 Reunion Place . See Natl Union Fire Ins. Tuesday, February 28, 2023. 8. See, e.g., Dairyland County Mut. App.San Antonio 1998, pet. Co., 316 U.S. 491 (1942); Wilton, 515 U.S. 277. We do not guarantee or warrant any of this information. PDF Civil Dispositive Motions: A Basic Breakdown - University of North Co., 981 S.W.2d 889 (Tex. See, e.g., Standard Fire Ins. denied). at 68. endobj Code 7.001. 131 (E.D. The Historic Hamm Building final decision in the case instead of a judge. Civ. Rules 38 and 39 govern a demand for a jury trial. "gj6P'pn.g_9z# ?V#yof.j,^4{%y^LJ_z|0 eivLnBE.orQevfwe^_d \2P4^Gy-ts}] ;|^QRg-d^yX^OeGE?kP0+]kw/k}m+TssVg4Pv. Rule 57. PDF Texas state law provides that "[a] trespass to try title action is the The purpose of a Declaratory Judgment is to protect you, your child, your relationship with your child, your property, and your money from your ex and the state: The purpose of the Act and its effect is to enable the citizen to procure from a court guidance which will keep him out of trouble and to procure that guidance with materially less expense than he would have to incur if he should wait until the trouble came before having recourse to the court.[iv], It concerns itself not only with contracts, but withrespect to titles to property, and particularly with the status of family relations, man and wife, parent and child, guardian and ward, and also with provisions of trust.[v], This act is declared to be remedial; its purpose it to settle and to afford relief from uncertainty and insecurity with respect to rights, status, and other legal relations; and is to be liberally construed and administered.[vi], Sec. 1996) (insurer not estopped from litigating employment issue). See, e.g., Cook v. Ohio Cas. A declaratory judgment is one that simply declares the rights, status, or other legal relations of the parties without ordering anything to be done. Where the insurer is providing a defense, it is a party to the attorney-client privilege, and can share in communications between the insured and defense counsel, without waiver. There are exceptions, of course. <>>> In any proceeding under this chapter, the court may award costs and reasonable and necessary attorney's fees as are equitable and just. Co. v. Vic Mfg. 1 Justice Smith was perhaps prescient in his dissent, concluding that a justiciable controversy existed. Unfortunately, while 38.001, et seq., may allow recovery of attorneys fees by the insured, in a proper case, it provides no basis for recovery of fees by an insurer. 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. <> 37.004. ("[B]ecause the trial court judgment rests upon the specific grounds set out in the findings of fact and conclusions of law that accompany the judgment, we are not permitted to assume omitted findings or conclusions necessary to any other grounds for the judgment, even . A person claiming to be the surviving spouse should file a claim for declaratory judgment to determine if there was a legal common law marriage. 699 (H.B. See, e.g., Western Heritage Ins. Acts 1985, 69th Leg., ch. 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. Sec. 10, eff. SUPPLEMENTAL RELIEF. Co. v. Bailey, 133 F.3d 363, 368 (5th Cir. <> (because claimant could not bring suit, she had no right to intervene); see, e.g., Graciela v. Tagle, 946 S.W.2d 504 (Tex. LEXIS 7088 (Tex. Allstate Ins. SUBJECT MATTER OF RELIEF. See, e.g., Boring & Tunneling Co. v. Salazar, 782 S.W.2d 284, 289-90 (Tex. "Undoubtedly, the degree of control the agreement ultimately exerts over the parties' rights in the . Prac. Co. v. App.Dallas 2001, pet. 37.002 provides that the chapter is remedial: Its purpose is to settle and to afford relief from uncertainty and in security with respect to rights, status, and other legal relations; and it is to be legally construed and administered. The Act does not create or enlarge jurisdiction. PDF Plaintiff'S Original Petition for Declaratory Judgment Eskew, 731 S.W.2d 124, 132 (Tex.App.-Austin 1987, writ ref'd n.r.e.) 168 0 obj <>/Filter/FlateDecode/ID[<9A8DD3395C28F34D981E9CD96490FD9D>]/Index[140 50]/Info 139 0 R/Length 129/Prev 481282/Root 141 0 R/Size 190/Type/XRef/W[1 3 1]>>stream Declaratory Judgment as a Quasi-Injunction - Law & Liberty ); Taylor v. State Farm Lloyds, 2003 Tex. Twenty-Fifth Floor - Plaza of the Americas. CIVIL PRACTICE AND REMEDIES CODE CHAPTER 37. DECLARATORY JUDGMENTS - Texas endobj law-UDJA - houston-opinions.com We are not attorneys. PDF CIVIL PRACTICE AND REMEDIES CODE CHAPTER 37. DECLARATORY JUDGMENTS - Texas Ins. 3. Background This case involves a dispute over a . As amended through January 27, 2023. Sec. Genl Ins. C.M.W., 53 S.W.3d 877 (Tex. 167, Sec. State Farm argued the policy changes were made in Milam County, where the agent was located, and the policy was sold. It is still likely a court will not allow dual-track litigation of issues that affect liability and coverage. Co. v. Merchants Fast Motor Lines, Inc., 939 S.W.2d 139 (Tex. 1995); but cf. (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 (2) a responding party that: (A) is an official of another state; and 1992), cert. c) The court may grant summary judgment as to liability only and leave damages for the jury, as appropriate. ), Code of Judical Conduct, Canon 3 B (c) obtaining the advice of a disinterested expert on the law applicable to a proceeding before the judge if the judge gives notice to the parties of the person consulted and the substance of the advice, and affords the parties reasonable opportunity to respond;. See, e.g., Wilton v. Seven Falls Co., 515 U.S. 277, 286 (1995). 37.0055. R. CIV. Prac. (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. 1941); and there is every reason for not reducing declaratory . A separate issue exists, however, as to the facts and testimony relating to the liability event, and the evidence that has been accumulated or produced in the underlying case. Co. v. Louisiana Farm Bureau Fedn, Inc., 996 F.2d 774, 778 (5th Cir. In Wade, the insurer argued that it was not challenging the veracity of the facts alleged, but had a defense independent of the pleadings. 1968) (J. Smith, dissenting). 959, Sec. Am., 845 S.W.2d 794, 801 (Tex. Id. & Rem. Co. v. Quinn-L Capital Corp., 3 F.3d 877 (5th Cir. McKee Foods Kingman v. Kellogg Co., 474 F. Supp . 30. Co. v. Marathon Ashland Petrol., L.L.C., 87 F. Supp. denied). Bonham State Bank v. Beadle, 907 S.W.2d 465 (Tex. 305 (H.B. Texas follows the American Rule In St. Paul Ins. Rule 166a - Summary Judgment, Tex. R. Civ. P. 166a - Casetext (whether driver qualified as an insured); John Deere Ins. You want to get the most out of these motion arguments, so make sure you do step 1 and 2 as well. 1994), the court reviewed abstention doctrine in relation to declaratory judgment actions. Declaratory Judgments and Interpreting Policy Language 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 See Bailey, 133 F.3d at 369 n.4; Travelers Ins. All Rights Reserved. 1992), cert. As a constitutional family rights expert researcher and writer, Sherry helps parents and their attorneys see the possibilities in making constitutional arguments for parental rights as being in the childs best interests. Coverage disputes under liability policies are well-suited for declaratory actions. There was also a declaration that the insurer owed neither defense nor indemnity to the wife. FFC Home Page / 5 Reasons to file a Declaratory Judgment. Co. v. Grapevine Excavation, 241 F.3d 396 (5th Cir. E.g., Cluett v. Medical Protective Co., 829 S.W.2d 822, 826 (Tex. A plaintiff is the side that starts the lawsuit by filing a complaint or petition with the court.A plaintiff files the lawsuit to get the court to force the defendant to do something, such as pay money damages. <>/ProcSet[/PDF/Text/ImageB/ImageC/ImageI] >>/MediaBox[ 0 0 612 792] /Contents 4 0 R/Group<>/Tabs/S/StructParents 0>> endobj endobj Sec.A37.003.AAPOWER OF COURTS TO RENDER JUDGMENT; FORM AND EFFECT. Const. <> Copyright 2013 - 2023. The application must be by petition to a court having jurisdiction to grant the relief. Tex. 37.010. REVIEW. Sept. 1, 1985. 1999) (insureds motion to transfer erroneously granted); Southern County Mut. 37.006, TEX. Id. Sept. 1, 1999. App.San Antonio 1998, pet. 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. App.Dallas 2000, pet. Acts 1985, 69th Leg., ch. App.Houston [14th Dist.] App.Houston [1st Dist.] FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Corp., 817 F.Supp. If no facts within the scope of coverage are alleged, an insurer is not required to defend. A Texas Rule 11 family settlement agreement can be a wonderful tool to resolve a Texas probate dispute. Frontier Pac. 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. All orders, judgments, and decrees under this chapter may be reviewed as other orders, judgments, and decrees. In Gonzales v. American States Ins. 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. 1997) (whether vehicle was owned by insured); Harken Exploration Co. v. Sphere Drake Ins., PLC, 261 F.3d 466 (5th Cir. App.San Antonio 1998, pet. Also, seeking title by declaratory judgment is improper. [Read opinion here.] Group, 946 F.Supp. An action or proceeding is not open to objection on the ground that a declaratory judgment or decree is prayed for. Evictions - Landlord/Tenant Law - Guides at Texas State Law Library A motion for declaratory judgment is an appropriate vehicle for determining the validity of a prenuptial agreement. 2201. Co. v. Bradleys Elec., Inc., 993 S.W.2d 673 (Tex. A court can dismiss a declaratory action even if it fails to meet the stringent standards for abstention. . 1271 (N.D. Tex. (B) asserts a claim that the party seeking declaratory relief is required to collect sales or use taxes for that state based on conduct of the business that occurs in whole or in part within this state. Recovering Attorney Fees in Declaratory Judgment Actions A declaratory judgment must be based on an actual controversy, and cannot be merely advisory. See Bernard v. Gulf Ins. Typically, the first-filed suit has dominant jurisdiction. Ohio Cas. Co., 95 S.W.3d 702 (Tex. LEXIS 7550 (Tex. Except in a case brought under the Family Code or a case governed by Chapter 14 of the Texas Civil Practice and Remedies Code, a party may move to dismiss a cause of action on the grounds that it has no basis in law or fact. 1787), Sec. Board Certified, Consumer and Despite the insurers right to review any such documents without waiver of the privilege, and the likelihood that defense counsels concerns would be abrogated by the right to conduct discovery, there is still a question as to what extent defense counsels opinions or observations would be relevant to coverage. According to the Court of Appeals, a declaratory judgment under the UDJA is appropriate only if "a justiciable controversy exists as to the rights and status of the parties and the controversy will be resolved by the declaration sought," and the Act cannot be used to resolve a hypothetical or contingent situation. endobj 1995) (whether trademark violation occurred during policy period). Ins. The most common exception for extrinsic evidence is when the pleadings simply do not assert facts that would determine coverage.

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