Sec. App.Corpus Christi 2003, no writ). In addition, in many instances, a protective order will allow broad discovery, without fear of disclosure to the plaintiff. A number of issues arise in regard to discovery in a declaratory judgment action. Pursuant to 37.003, a declaration may be either affirmative or negative in form and effect. Texas is not a direct action state, and a claimant typically has no claim against an insurer until a judgment is obtained. 1993), cert. 713-403-8210, 601 Poydras 4 0 obj Tex. 1993) (whether accident arose from liquor liability); Acceptance Ins. They allow businesses or individuals to seek a court's direction at the early stages of a controversy. Co. v. Hood, 895 F.Supp. App.Austin, Oct. 2, 2003, no pet. All Rights Reserved. One reason proffered is the possibility of inconsistent outcomes. The Western Heritage case epitomizes the argument for use of extrinsic evidence. tort and environmental coverage. 37.010. REVIEW. 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. Control of defense and directing actions of defense counsel in conflict situation (Utica Mut. 1965). Indemnity is based on the actual facts establishing liability in the underlying suit. Sept. 1, 1985. declaratory judgment action. River Entertainment was joined because it owned Pepes where the defendant imbibed. The district court denied Nautilus' motion, and on appeal, the 9th U.S. Texas Dept of Public Safety v. Moore, 985 S.W.2d 149, 153-54 (Tex. 1170 (1933). App.Dallas 2000, pet. App.Houston [14th Dist.] Eric B. Stern is a partner and co-deputy chair of the Data Privacy & Cybersecurity Practice at Kaufman Dolowich & Voluck LLP and concentrates his practice in insurance coverage litigation. denied); cf. See Brillhart v. Excess Ins. App.Corpus Christi 1975, writ refd n.r.e.) Sec. When to file is often determined by what is at issue. Although efforts are occasionally made, it is inappropriate for the insurer to be joined as a defendant in a liability suit.
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