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Home / Opinion Digests / Civil Practice / Civil Practice – Attorney’s Fee Motion – Insurance – Declaratory Judgment Action – Rule 54 (access required)

Civil Practice – Attorney’s Fee Motion – Insurance – Declaratory Judgment Action – Rule 54 (access required)

Even though there is state-court litigation concerning the parties’ workers’ compensation insurance policy, since the plaintiff-insurer’s complaint in this federal action seeks a declaratory judgment only as to any future claims under the policy – excluding the ongoing state-court claim – this declaratory judgment action does not constitute a breach of the parties’ insurance contract. ...

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