Declaratory Judgment Actions
Case notes on insurer declaratory judgment actions: defaults, preclusive effect on later provider suits, and the proof each side must bring.
66 articles from 2010–2020 · 0 current · 1 reviewed case notes · by Jason Tenenbaum
How the firm handles these matters
Reviewed case notes by year
Notes on decisions from earlier years that the firm has re-read against current law. Each note states when it was last reviewed and what has changed since.
Older archive
Case notes as they were written at the time. They have not been re-checked against later decisions, so treat them as history and confirm the current rule before relying on one.
2019 (8)
- Non contact case
- New York Declaratory Judgment Actions: Supreme Court vs Civil Court Jurisdiction Issues
- After the DJ
- Negligent Employment in Insurance: When Companies Cross the Line from Claims Handling to Harmful Practices
- Understanding New York No-Fault Insurance EUO Requirements: Why DFS Does Not Approve Improper Disclaimers
- Legal Document Quality Issues in New York Personal Injury Cases: Lessons from Global Liberty Insurance v. Tyrell
- Civil Court Lacks Subject Matter Jurisdiction Over Declaratory Judgment Actions NY
- Appellate Term, first department gives expansive reading to CCA 212-a
2018 (14)
- Understanding Retroactive Application of New York Insurance Regulations
- When Courts Vacate Default Judgments in NY No-Fault Declaratory Judgment Actions
- Nationwide took an ax to Unitrin
- A declaratory judgment to nowhere
- Where was the reasonable excuse?
- Dilemma and dogma
- Mailing to the attorney
- For the All on NY fans: you were wrong.
- An order granting a declaratory judgment suffices for affirmation in opposition
- DJ not collateral estoppel
- Failure to include order/judgment with declaration is fatal
- How to Avoid the 120-Day Rule for Summary Judgment Motions in New York
- DJ went south
- EUO no-show: Declaratory Judgment substantiated
2017 (6)
2016 (14)
- Punted satisfaction case
- Judgment in declaratory judgment action does not need to rendered against Assignor to be effective
- Manoo goes up
- Proof insufficient to comply with 65-3.5(b), 65-3.6(b)
- Preliminary injunction denied – the analysis is questionable
- Standing to Oppose a Declaratory Judgment Motion in New York: Who May Fight a Co-Defendant's Default?
- Unpleaded affirmative defense is sufficient
- Unpleaded defense can serve as basis to move for summary judgmemnt
- Expansion of Mallela
- EUO no-show from the First Department – lucky win by Mapfre?
- Motion to dismiss complaint reversed – the interest clock continues
- Judicial notice of the Supreme Court file
- A DJ without a purpose
- Trial de novo summary judgment motion appealed
2015 (6)
- Unitrin citing that hits upon the Longevity factors
- Staged accident not proven – very sloppy papers
- Trial De Novo not tenable
- Declaratory judgment reversed on appeal
- Court apparently finds CPLR 3211(a)(4) sufficient to dismiss part of DJ
- Declaratory judgments: the minimum necessary to obtain collateral estoppel effect
2014 (8)
- First Department upholds EUO DJ victory
- EUO no show sustained
- No reasonable excuse found
- EUO no-show DJ is successful (for the most part)
- Trial De Novo reqires each award to be equal to or greater than $5000
- Declaratory judgment action given preclusive effect
- Stay not granted in declaratory judgment action
- So what did the Second Department mean?
2013 (4)
- Civil Court properly granted motion to stay when DJ action is pending
- DJ denial reversed: A misspelling can be excused, and notice to the attorney is enough
- Court Takes Judicial Notice of Supreme Court Declaratory Judgment — Res Judicata in No-Fault Cases
- A declaration of non-coverage is res judicata to the specific date of the accident.
Frequently asked questions
What is a declaratory judgment action in insurance litigation?
A declaratory judgment action asks the supreme court to declare the rights and other legal relations of the parties to a justiciable controversy (CPLR 3001). In no-fault practice an insurer uses it to obtain one ruling against the injured person and every assigned provider, for example that it owes nothing because the claimants failed to appear for examinations under oath (IDS Prop. Cas. Ins. Co. v Stracar Med. Servs., P.C., 116 AD3d 1005 (2d Dept 2014)) or because the collisions were deliberate (State Farm Mut. Auto. Ins. Co. v Laguerre, 305 AD2d 490 (2d Dept 2003)). Providers named as defendants answer and may move for summary judgment.