Oklahoma Insurance Declaratory Judgments A declaratory judgment is a legal proceeding often used by Oklahoma insurance defense attorneys to ask a competent court to determine if there is coverage for a claim. Declaratory judgment actions can be brought in both State and Federal courts depending upon the circumstances.
A wise claims representative will use a declaratory judgment to demonstrate a willingness to have the court resolve the dispute. Filing a lawsuit to ask the court to decide if there is coverage shows the desire to be fair by letting a judge make a prompt, fair, and equitable decision about the existence of coverage for a reported loss.
Declaratory judgments are not meant to be hostile, adversarial litigation. Although there is a certain element of disagreement in any litigation, the purpose of a declaratory judgment is to ask the court to settle a difference of opinion as to coverage. It is not intended as a means to be vindictive or request money damages.
[ln::firm_name] commonly files declaratory judgment actions on behalf of many insurers to determine coverage issues and ask the courts to decide tough questions over coverage. These questions of Oklahoma law are best adjudicated by coverage counsel who regularly practice in the field of insurance defense.