An insurer may want to file a declaratory judgment action before the policyholder files suit so that the insurer has the first choice of available forums. Although efforts are occasionally made, it is inappropriate for the insurer to be joined as a defendant in a liability suit.A declaratory judgment is a judicial determination of the rights of respective parties, as opposed to coercive relief or damages. The purpose of declaratory. An action or proceeding is not open to objection on the ground that a declaratory judgment or decree is prayed for. Be careful what you ask for in your declaratory judgment action" could have been an appropriate subtitle. Another option is for the insured to complain to the Texas Department of Insurance. Also – significant recent coverage opinions in Florida and Texas were highlighted. You can contact the courthouse to see if they have forms available for you to fill out. Obtain a declaratory judgment resolving certain insurance coverage issues.