Legal Question in Civil Litigation in Texas
What is a declaratory judgement?
My partner and I sued several defendants in state court.Last week, we were served a summons in a civil action in US District Court.One of the defendants made a claim on his personal umbrella policy and his insurance company paid in excess of $75,000 for his defense.Now his insurance company has sued him and US in federal court in a declaratory judgement action.We have made no claim against this insurance company.However, they contend, as do we, that he acted willfully and maliciously.
1 Answer from Attorneys
Re: What is a declaratory judgement?
I would assume that you already have an attorney if you were in court last week. You should discuss this matter with him/her. A declaratory judgment is where one party goes into court and asks the court to declare judgment for them strictly on their pleadings. It's like a mini-trial. Talk to your attorney about this action.
As far as federal court is concerned, they probably have asserted jurisdiction on the amount and the location of the actions sued upon.
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