If your policy is fully-insured and the policy was issued in Utah, you can file a complaint with our office using our complaint portal. Utah courts give the language in insurance policies its plain meaning.Declaratory Judgment Actions are utilized to determine insurance coverage issues and to prevent bad faith allegations. Proper course is for the insurance carrier to tender a defense and seek a declaratory judgment as to coverage under the policy. Dockstader demanded that Owners defend and indemnify him under a homeowner's insurance policy the company issued to his parents (the "Policy"). To determine whether an insurer has a duty to defend, we compare the allegations of the underlying complaint with the coverage provided in the insurance policy. The insurer seeks a declaratory judgment to clarify its rights and obligations with hopes of preventing the lawsuit. But. Plaintiffs' complaint does not raise a justiciable issue that the courts can solve through declaratory relief. They have not pled a ripe controversy. And. Insurance Coverage and Bad Faith.
