August 01, 2012 Articles

Insurance 101: Considerations for Declaratory Judgment Actions

Declaratory judgment actions are commonplace in insurance coverage litigation, but a number of threshold issues and strategy concerns should be considered

by Shanda K. Pearson

Declaratory judgment actions are one of the most common procedural mechanisms by which policyholders and insurers can proactively seek a determination regarding their respective rights and obligations under an insurance policy. In the words of the Georgia Court of Appeals, a declaratory judgment action "permit[s] one who is walking in the dark to ascertain where he is and where he is going, to turn on the light before he steps rather than after he has stepped in a hole."[1]

Although declaratory judgment actions are commonplace in insurance coverage litigation, there are a number of threshold issues and strategy concerns that should be considered before commencing such an action.

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