The procedure for obtaining a declaratory judgment pursuant to Minnesota Statutes, chapter 555, shall be in accordance with these rules. In the context of an insurance coverage dispute, the Minnesota appellate courts have not tied the accrual date to the policyholder's actual demand for payment.The Minnesota Supreme Court has "consistently urged" insurers to resolve coverage issues in such situations through the use of declaratory judgment actions. Midwest Mutual Family Insurance. Company,. Defendant. Minnesota Federal Court Rejects First to File Rule and Transfers Coverage Litigation to Washington Despite Issuance of Policy in Minnesota. Use when a notice of appeal is filed seeking the court's order to override the decision of an authority agency. Attorneys' fees incurred in a declaratory judgment action to establish first-party insurance coverage are not recoverable, even if the insured is successful. "Under Minnesota law, an insurer's duty to defend a suit alleging an advertising injury is triggered if the advertising injury occurs during the course of the. Response to such motions must be filed within ten (10) days of service of the motion. On January 19, 2006, Hartford filed a declaratory judgment action against Eclipse in.
