Declaratory Judgment Complaints. Generally, there are certain allegations that are important to include in most insurance coverage complaints:.The insured can seek a stay or dismissal of an insurer's declaratory judgment action on a number of procedural, jurisdictional, and factual grounds. The complaint should conclude with a paragraph in which the plaintiff sets forth all the relief against the defendant that he or she is seeking from the court. This is a civil action seeking declaratory relief and damages arising from. Plaintiff's contract of insurance with Chubb. 2. This Court dismisses all parties' claims for declaratory judgments on the duty to indemnify as premature. Courts have traditionally held that an insurance company has no right to intervene in the liability action against the insured to seek a coverage determination. Plan of Greater N.Y. v. The insurer then filed a declaratory judgment action against the insureds.
