No action or proceeding is open to objection on the ground that a declaratory judgment or decree is prayed for under this chapter. It allows a court to look at the parties conduct, intent, and written agreements to determine the parties rights, responsibilities, and obligations.If a court in a civil action enters a final judgment that awards damages to a plaintiff for injury, death, or loss to the person or property of the plaintiff. 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. The insurer may attempt to have its duty to defend resolved in a declaratory judgment action. An insurance company, even while defending its insured, may bring a separate lawsuit against its own insured called a declaratory judgment. ), 2004-Ohio-1200 (insurer may intervene in underlying case to establish facts, while also bringing separate declaratory judgment action as to coverage).
