Declaratory judgments play a big role in determining the duty to defend in that insurers frequently initiate declaratory judgments to resolve duty to defend. Practice Tip: If heirs at law have a strong case and wish to contest the probate of a will, avoid the argument that the contest is a mere denial.A declaratory judgment is a binding judgment from a court defining the legal relationship between parties and their rights in a matter before the court. A declaratory judgment claim can be useful in a wide variety of circumstances. The County then filed this declaratoryjudgment action in the. Waller County district court. Declaratory judgment. Within such JCP store" with some limited exceptions specified in the Agreement. Parties often seek declaratory judgments before a lawsuit, but uncommonly they can be filed after parties have begun litigation.
