The Declaratory Judgment Act itself provides that a "declaration shall have the force and effect of a final judgment or decree," 28 U. S. C. 2201; eminent authority anticipated that declaratory judgments would be res judicata, E. Borchard, Declaratory Judgments 10-11 (2d ed. Acts 1985, 69th Leg., ch. The court, in the coverage action, concluded that there was a conflict of interest and a lack of privity, and therefore the insurer was not collaterally estopped from re-litigating the existence of false imprisonment. If done right, it can save parties to a probate dispute time and money, and avoid the uncertainty of litigation. The trial court granted the man's petition for declaratory judgment and declared that the parties were never married to each other. Instead, a party may recover fees only where controlling substantive law permits recovery. Contact Us if you have questions.). FAM. App.Fort Worth 1986, writ refd n.r.e.). Sec. When to file is often determined by what is at issue. Therefore, the claimants should not be necessary or indispensable parties, prior to the settlement or judgment. Ellison sought a declaratory judgment to that effect and also brought claims for trespass to try title, trespass to real property, conversion, unlawful drainage, gross negligence, and nonpayment of oil and gas proceeds. Co. v. Blevins, 741 S.W.2d 604, 606 (Tex. See, e.g., Standard Fire Ins. The march towards a nation-wide fulfillment of the concept suf-fered a temporary setback in 1910 by the decision of the Supreme Court of the United States in Muskrat v. United States. (A) A person interested under a deed, will, written contract, or other writings constituting a contract or whose rights, status, or other legal relations are affected by statute, municipal ordinance, contract, or franchise may have determined any question of construction or validity arising under the instrument, statute, ordinance, contract or franchise and obtain a declaration of rights, status, or other legal relations there under. Cty. Section 6.204 of the Texas Family Code still states that same-sex marriages are void, but that law is no longer enforceable. The declaratory judgment action allows relief, even where another remedy exists. Courts have struggled with the issue of what can be resolved in the declaratory judgment action, when the issue determining coverage may also be material in the underlying case. Where extrinsic evidence is offered, however, the scope of discovery should be broader. See Tri-Coastal Contractors, Inc. v. Hartford Undwrs Ins. 168 0 obj
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1996). Sherry does this through creating and teaching online digital courses, speaking, webinars, and workshops. App.Houston [1st Dist.] For more information, please contact the law firm at 817-335-8800. Sec. The court in Griffin relied upon a change in the Texas Constitution, expanding the scope of district court jurisdiction and eliminating the minimum amount in controversy. See State Farm Fire & Cas. APP. A fee award is not mandatoryunder the UDJA . Tex. State Farm argued the policy changes were made in Milam County, where the agent was located, and the policy was sold. : `g`R@,
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Civ. Group, 946 F.Supp. 1994). Co. v. Sweatt, 978 S.W.2d 267 (Tex. History of Declaratory Judgments The history of declaratory judgments began in the U.S. in the early 1900s. App.Corpus Christi 1982, no writ), the court declared that the rule was that use of extrinsic evidence was allowed to determine coverage, but not to determine facts that would establish the insurers liability. If any facts within the scope of coverage are determined, however, an insurer is required to defend. As amended through January 27, 2023. (1) a party seeking declaratory relief that is a business that is: (A) organized under the laws of this state or is otherwise owned by a resident of this state; or (B) a retailer registered with the comptroller under Section 151.106, Tax Code; and (2) a responding party that: (A) is an official of another state; and Co., 628 S.W.2d 184 (Tex. 2201. As Texas law remains uncertain regarding reimbursement of defense costs, and as many insureds are not financially capable of repayment, the defense issue may be rendered moot either practically or legally by delay. A declaratory judgments purpose is to prevent costly litigation, remove uncertainty, terminate the controversy[ii], and to protect its citizens from injury, debt, damage and penalties;before any loss has been suffered or any offense committed.. art. Co. v. Murray, 437 S.W.2d 264, 265-66 (Tex. FFC Home Page / 5 Reasons to file a Declaratory Judgment. 1992), cert. JURY TRIAL. Saint Paul, MN 55102 45 (N.D. Tex. endstream
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<. (c) The enumerations in Sections 37.004 and 37.005 do not limit or restrict the exercise of the general powers conferred in this section in any proceeding in which declaratory relief is sought and a judgment or decree will terminate the controversy or remove an uncertainty. The purpose of the Declaratory Judgments Act is "to settle and afford relief from uncertainty and. A person claiming to be the surviving spouse should file a claim for declaratory judgment to determine if there was a legal common law marriage. Texas law does not require the couple to be together for a specific period of time before they can declare themselves to be in a common law marriage. See, e.g., State Farm Fire & Cas. endobj
Co. v. Griffin, 955 S.W.2d 81, 82-84 (Tex. She enables parents and attorneys to assert rights and convert the constitutional principles into everyday practice and natural language. In Foust v. Ranger Ins. (providing a "court . Co. v. Ochoa, 19 S.W.3d 452 (Tex. 1989). All orders, judgments, and decrees under this chapter may be reviewed as other orders, judgments, and decrees. Ins. DEFINITION. . Prior to the Grapevine Excavation case, the Fifth Circuit had construed 38.006 to exempt insurers from paying attorneys fees in breach of contract actions. As a preliminary consideration, counsel for the insurer should be careful and selective in what is requested. There are literally dozens of statutes in Texas law that provide for the recovery of attorney's fees, usually as part of a judgment. and that a prior judgment is void. at 313. A marriage might be void for other reasons, but not because the spouses are of the same sex. SHORT TITLE, CONSTRUCTION, INTERPRETATION. In state court, an order to seal discovery requires that the parties jump through a number of additional hoops, but protective orders are still available. Protective orders are still relatively simple, and can usually be subject to an agreed motion in federal court. App.Houston [1st Dist.] Also, seeking title by declaratory judgment is improper. The District Court of Delaware dismissed a generic drug company's declaratory judgment counterclaims of non-infringement and invalidity, finding that the court no longer had subject. Twenty-Fifth Floor - Plaza of the Americas. Volumes are organized by broad practice area and are generally sold individually, since few practitioners have need for all of them. 1998, no pet.). 1997)2; see also State Farm Lloyds v. Amount in Controversy When there is uncertainty as to the legal obligations or rights between two parties, a declaratory judgment offers an immediate means to resolve this uncertainty. App.Corpus Christi 1975, writ refd n.r.e.) After St. Paul filed its declaratory action in federal court, the claimant filed suit in state court in the same court in which the two prior suits had been filed. denied); Ranger Ins. Ins. . He then filed a lawsuit seeking a declaratory judgment that Allstate owed him the difference between the settlement . To establish federal jurisdiction in a declaratory judgment action, two conditions must be satisfied. In addition, in many instances, a protective order will allow broad discovery, without fear of disclosure to the plaintiff. In this instance, both state and federal courts have readily allowed the use of extrinsic evidence to determine the duty to defend. Pursuant to this directive, OCA has prepared the following felony judgment forms and instructions for the forms:: Judgment of Acquittal by Court Judgment of Acquittal by Jury Judgment of Conviction by Court Judgment of Conviction by Jury Judgment of Conviction (Capital Murder-State seeks Death) Rule 57 also notes that the existence of another adequate remedy does not preclude a judgment for declaratory relief in cases where it is appropriate. In addition, Rule 57 provides that the court may order a speedy hearing as an action for a declaratory judgment and may advance it on the calendar.. A declaration does not prejudice the rights of a person not a party to the proceeding. Courts recognize that when there are conflicting positions on coverage, as when the insurer reserves rights, there is no privity between the insured and the insurer on issues relating to coverage, which are also at issue in the underlying case. endobj
1998); Monticello Ins. any court of the United States, upon the filing of an appropriate pleading, may declare the rights and other legal relations of any interested party seeking such declaration, whether or not further relief is or could be sought. Where the insurer is providing a defense, it is a party to the attorney-client privilege, and can share in communications between the insured and defense counsel, without waiver. The courts have recognized an exception when the liability insurance is statutorily required, and arguably for the benefit of the claimant, such as compulsory auto insurance or workers compensation. insecurity with respect to rights, status, and other legal relations.". The U.S. Supreme Court's 2015 ruling in Obergefell v. A Declaratory Judgment allows you to establish with your court what your rights are before you take steps which might involve you in costly litigation. Twenty-Fifth Floor - Plaza of the Americas Co. v. Cowan, 945 S.W.2d 819 (Tex. On the other hand, where the insured seeks a declaration that the insurer owes indemnity, before resolution of the underlying case, the opinion may be considered advisory, and declaratory relief may, indeed, be premature. Rule 57 also notes that "the existence of another adequate remedy does not preclude a judgment for declaratory relief in cases where it is appropriate." Co., 628 S.W.2d 184 (Tex. 37.004. Now you can hire experts to teach your court that you are asserting the protections of your parental rights[vii]. The court noted that the Griffin exception did not apply, but that a justiciable controversy existed, as the judgment clarified the rights of the parties under the contract; especially because the policy includes a provision under which Ranger could be relieved of its duty to defend by tendering its limits. 2002); Monticello Ins. This week our nation's highest court will decide whether to review the 6th Circuit's conclusion that a declaratory judgment of liability starts the statute of . Co. v. Grapevine Excavation, 241 F.3d 396 (5th Cir. A. Despite the complaint allegation rule, Texas courts have always recognized that there are circumstances in which the court must look to extrinsic evidence to determine whether a duty to defend exists. Further, while it is unlikely that an insurer wishes to proceed, without protective order, to establish evidence that demonstrates the insureds liability as the insurer has not yet prevailed on its coverage defenses it is also unclear under what standard the insured should be able to protect otherwise discoverable information, simply because it is damaging. Co., 981 S.W.2d 861 (Tex. The issue becomes more murky when allegations triggering coverage are alleged, but are in conflict with the actual facts. Indemnity, on the other hand, is based on actual facts and should always be subject to extrinsic evidence. Tex. Prac. SUBJECT MATTER OF RELIEF. Co. v. Wade, 827 S.W.2d 448 (Tex. Co. v. Rio Grande Heart Specialists of So. A separate issue exists, however, as to the facts and testimony relating to the liability event, and the evidence that has been accumulated or produced in the underlying case. 37.008 provides that the court may refuse to render a declaratory judgment if the judgment would not terminate the uncertainty or controversy giving rise to the proceeding. Co. v. Deering Mgmt. The court then noted the special concerns applicable in declaratory actions. 1993) (whether accident arose from liquor liability); Acceptance Ins. Westport v. Atchley, Russell, Waldrop & Hlavinka, 267 F. Supp. When Is a Declaratory Judgment Proper? at 1280 (insurer not precluded from relitigating course and scope of employment). See Great American Ins. ); Rice v. Alamo Rent-A-Car, Inc., 987 S.W.2d 231 (Tex. While some older cases find an insurer cannot re-litigate facts, if it has wrongfully refused to defend, recent cases have held that an insurer is not bound, in any circumstance, where the facts allegedly establishing coverage are not fully litigated. Co. v. Hood, 895 F.Supp. Co. v. Boll, 392 S.W.2d 158, 161 (Tex. App.Fort Worth 1973, writ refd n.r.e.). 5 0 obj
A Texas Rule 11 family settlement agreement can be a wonderful tool to resolve a Texas probate dispute. 3. In any proceeding under this chapter, the court may award costs and reasonable and necessary attorney's fees as are equitable and just. The court recognized that the insurer was defending, but the coverage issue would not be litigated in the underlying case, so declaratory relief was appropriate. 1941); and there is every reason for not reducing declaratory . Corp. v. Vacuum Tanks, Inc., 975 F.2d 1130, 1133 (5th Cir. SHORT TITLE, CONSTRUCTION, INTERPRETATION. 713-403-8210, 601 Poydras See Bituminous Cas. Co. v. River Entertainment, 998 F.2d 311, 315 (5th Cir. 1997), the Supreme Court reaffirmed the complaint allegation rule, with dicta suggesting that the exception for extrinsic evidence would be narrowed. at 468. The above information is taken from the Palmers training on their sample motions, parental rights motions. The Declaratory Judgment Act states "Courts of record, within their respective jurisdictions, shall have power to declare rights, status, and other legal relations." See 42 Pa. C.S.A. 05-05-00061-CV, citing Bonham State Bank v. Beadle, 907 S.W.2d 465, 467 (Tex. The abundance of case law allowing extrinsic evidence, however, suggests that the exception will continue. Added by Acts 2007, 80th Leg., R.S., Ch. Admiral Ins. denied); cf. 1993); McLaren v. Imperial Cas. Co. v. Burch, 442 S.W.2d 331 (Tex. Sec. 167, Sec. Sec. K-yXHMKS mmgOT}|aMz0. There was also a declaration that the insurer owed neither defense nor indemnity to the wife. Co. v. River Entertainment, 998 F.2d 311, 315 (5th Cir. 6 0 obj
e) Summary judgment is available in declaratory judgment actions. 1998); see also Abraxas Petroleum Corp. v. Hornburg, 20 S.W.3d 741 (Tex. Co. v. Louisiana Farm Bureau Federation, 996 F.2d 774, 778 (5th Cir. Co. v. Tilley, 484 S.W.2d 802, 806 (Tex. LEXIS 7088 (Tex. Co. v. Bradleys Elec., Inc., 993 S.W.2d 673 (Tex. P., specifically provides, with regard to joinder of third parties, that This rule shall not be applied, in tort cases, so as to permit the joinder of a liability or indemnity insurance company, unless such company is by statute or contract liable to the person injured or damaged. Most policies include a no action provision that provides that a third partys right of action against the insured does not arise until there is a settlement, to which the insurer has agreed, or a judgment against the insured. 1 Partner, Scheef & Stone, LLP, Frisco, Texas. Co., 418 S.W.2d 712, 715-16 (Tex. Co., 767 F.Supp. denied). If you would like additional TRAINING: You canHIRE the PALMERS** to teach your attorney how to argue the declaratory judgment motions for you in your family law or divorce case. 2.401 (a) (West 2006) endstream
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You want to get the most out of these motion arguments, so make sure you do step 1 and 2 as well. Co. v. Bailey, 133 F.3d 363, 368 (5th Cir. The answer may depend upon whether the insurer has defended or simply denied coverage, and the extent to which the issue is actually material to, and fully litigated in, the underlying dispute. Court refused this collateral attack on prior judgment by declaration. & Rem. 37.003. 2201, and further provides for a jury trial. See, e.g., Ohio Cas. Federal: Declaratory Judgment Act, 28 U.S.C. Burch involved a declaration that the insurer owed defense, and also owed indemnity for the insureds liability for his wifes torts. %PDF-1.6
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1993); American States Ins. Sec. 31 In older cases, courts allowed broad introduction of extrinsic evidence in a declaratory judgment context. Co. v. Marathon Ashland Petrol., L.L.C., 87 F. Supp. In this instance, there may be legitimate concerns that the insurers discovery will inure to the benefit of the liability plaintiff, which is likely not in the interest of either the insured or the insurer. 1968) (J. Smith, dissenting). App. See, e.g., City of Galveston v. Giles, 902 S.W.2d 167 (Tex. B. Respondent misstates the current law in Texas. Ins. App.Corpus Christi 2002, pet. June 15, 2007. The Federal act is broader in scope. (on petition for mandamus, found claimant was not third party beneficiary and had no right to intervene in declaratory action). SEGURA.POSTMACRO.3 (DO NOT DELETE) 6/19/2015 8:20 AM DISPUTING THE BOUNDARY OF THE DECLARATORY JUDGMENTS ACT Philip Thomas Segura* I. TRESPASS TO TRY TITLE OR DECLARATORY JUDGMENTS ACT Texas state law provides that "[a] trespass to try title action is the method of determining title to lands, tenements, or other real property."1 In Texas, this is the only method of resolving property . App.Texarkana 1967, no writ) (auto excluded); International Serv. COSTS. 3.08(a), eff. Civ. POWER OF COURTS TO RENDER JUDGMENT; FORM AND EFFECT. This article is designed to acquaint investors with basic rules and procedures involved in Texas litigation. [ii], You have the right to ask your state court for relief if you have a statute that says you do, like Texas statute says, A court of record within its jurisdiction has power to declare rights, status, and other legal relations whether or not further relief is or could be claimed[viii](Most states have an act like this. CIV. R. Civ. *I`Sl,'dpC2\,AMia*K/[ -M
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R*NuNK^CXdmS0I,-B Sept. 1, 1987; Acts 1999, 76th Leg., ch. Step 1: Written Notice to Vacate. Co. v. Travis, 68 S.W.3d 72, 77 (Tex. (no right to new trial because of amended petition where suit brought and determined based on prior petition). Id. App.Austin 1999, no pet.) App.El Paso 2000, no pet. Under Texas law, a duty to defend is determined by the complaint allegation rule. Costs and fees are not dependent upon the outcome, and can be awarded to either the prevailing or the non-prevailing party. Co. v. Cooper Machinery Corp., 817 F.Supp. 959, Sec. 651-389-5000, 10001 Reunion Place The Act provides you with a mechanism to get a ruling from the court before you are dragged through costly litigation. App.Dallas 1992, writ denied) (insurer not collaterally estopped from challenging findings); United States Fire Ins. denied) (judgment of negligence in underlying case did not establish that negligent acts caused bodily injury, and did not preclude insurer from establishing intentional conduct); Deering Mgmt. [i]Since the state requires that you file some sort of lawsuit to protect your rights and time to your child and your property, and most state statutes authorize the use of state power to affect these rights, you should consider using declaratory judgment to establish what process and procedure your court will use to protect you and your child from the harm of a court completely ignoring process and procedure required for fundamental rights. 61 Miscellaneous Litigation , Form 61-15: Petition for Declaratory Judgment; Practice Notes 61.10 Declaratory Judgment Dorsaneo's Texas Litigation Guide KFT 1730.T4 Vol. 1995). Coverage disputes under liability policies are well-suited for declaratory actions. 1995); but cf. 3. 2023 Thompson, Coe, Cousins & Irons, LLP. Thompson Coe on Best Lawyers Best Law Firms List for 12th Consecutive Year, Four Years Later: The Impact of Texas Insurance Code Section 542A.006 on Insurance Litigation, Texas Supreme Court Reverses Appeals Court Judgment, Affirms Trial Win for Thompson Coe Client, Developing Texas Insurance Law in the Appellate Courts, Update & Recap: Winter Storm Uri and Impact on Gulf Coast Coverage Cases, The Good, The Bad, The Ugly: Texas Appraisals, NEW June PC Webinar: Insurance Retrospective, Texas Supreme Court Issues Significant Decision on Exception to Eight Corners Rule, 2801 Via Fortuna Estates Construction Lane-Jones v. Estate of Not Reported in S.W.3d Houston (14th Dist.) Declaratory judgment actions have been a recognized civil vehicle for more than one hundred years. ydXOEp Pzz2 -Ia5D(eUE02Xd#zG5 ;}srmVY9c~Vqz6#tUy/`ck$cVpxKCoo,}o{T#@TQ]%5|@Rtx~K9jptm>
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Const. 1993) (Colorado River factors inapplicable in declaratory judgment action); Granite State Ins. Rule 56(c). 1995), the court held a minor, whose interests were affected, was properly made a party to a declaratory judgment action, and was bound by the judgment where the minors mother answered, as next friend, and a guardian ad litem was appointed. dismd, 507 U.S. 1026 (1993); cf. Irwin settled with Alonso's insurance carrier for the $30,000 policy limit. Co. v. Tandy Corp., 986 F.2d 94, 95 (5th Cir. App.Dallas 2001, pet. Youell & Cos v. Getty Oil Co., 510 U.S. 820 (1993); Service Mutual Ins. See McCarthy Bros. Co. v. Continental Lloyds, 7 S.W.3d 725 (Tex. If the application is deemed sufficient, the court shall, on reasonable notice, require any adverse party whose rights have been adjudicated by the declaratory judgment or decree to show cause why further relief should not be granted forthwith. There is nothing that we find in the Declaratory Judgment Act that precludes you from filing this and asking your court to make this determination while you are in litigation. See Brillhart v. Excess Ins. SUBJECT MATTER OF RELIEF. App.Dallas 2001, pet. 855, Sec. App.Corpus Christi 1982, no writ) (could not consider facts of ownership that conflicted with petition); Calderon v. Mid-Century Indem. (prior judgment not res judicata as to amended pleading that alleged new facts, not involving completed operations); St. Paul Ins. . Co. v. Boll, 392 S.W.2d 158, 161 (Tex. ("[B]ecause the trial court judgment rests upon the specific grounds set out in the findings of fact and conclusions of law that accompany the judgment, we are not permitted to assume omitted findings or conclusions necessary to any other grounds for the judgment, even . See Southern County Mut. (b) The declaration may be either affirmative or negative in form and effect, and the declaration has the force and effect of a final judgment or decree. & Liab. 2000) (staying declaratory action because of motion to join insurer in state court liability suit). Declaratory Judgment Construing Will on Westlaw. Co. v. Vic Mfg. An action or proceeding is not open to objection on the ground that a declaratory judgment or decree is prayed for. 955 S.W.2d at 84 (construing Tex. Sec. As amended through January 27, 2023. Under the Declaratory Judgment Act, district courts have discretion to determine whether to entertain an action. Nor can an insurer join the claimants and address the issues through interpleader. Co. v. Gandy, 925 S.W.2d 696 (Tex. Recent cases discussing the enforceability of policy buy-backs suggest there may be other exceptions in which a statutory insurance requirement renders a claimant an intended beneficiary. 7531-7541. 1995, no writ); Employers Cas. " (emphasis added)). However, because family settlement agreements are treated as contracts under Texas law, it is important that all of the parties . In re Houston Specialty Insurance Co., 569 S.W.3d 138 (Tex. 3 0 obj
* Associate Professor of Law, Texas Tech University School of Law. Sherrys teachings are unique and cutting edge to the family law industry developed by her and her husband. v. Mitchell, 138 F.3d 208, 210 (5th Cir. Co. v. Tex. <>
37.0055. Co. v. Watson, 876 S.W.2d 145, 149 (Tex. See TEX. 1968). Tex. 1445(c) and federal abstention principles. Jan. 25, 2019) is a mandamus case involving an insurer's motion to dismiss a declaratory judgment action by a law firm seeking a declaration of non-liability for malpractice in representing the insurer and advising it did not owe a defense in an underlying suit. Co. v. Block, 744 S.W.2d 940, 943 (Tex. The county where the contract was formed may also be a proper venue. In Gandy, the court broadened the scope of re-litigation, noting that in no event, however, is a judgment for plaintiff against defendant rendered without a fully adversarial trial, binding on defendants insurer . A defendant is the side the lawsuit has been filed against.The defendant is the party that may have to pay money damages or perform some other action if the plaintiff wins and the . Genl Ins. . There are exceptions, of course. See, e.g., Standard Fire Ins. The firm's new office location is 5601 Bridge Street, Suite 300, Fort Worth, Texas 76112. . Suite 1850 Congress enacted the Uniform Declaratory Judgments Act in 1922, which was implemented by the National Conference of Commissioners on . Co. v. Delaney, 386 S.W.2d 648 (Tex. River Entertainment was joined because it owned Pepes where the defendant imbibed. Co. of N. As long as both parties agree to the three elements listed in Section 2.401, they meet the requirements of a common law marriage. endobj
App.Austin 1987, no writ); Safeway Mng. See Hartford Ins. On appeal, HTC challenged: " (1) the district court's exclusion of three of HTC's requested jury instructions; (2) the district court's declaratory judgment that Ericsson had complied with . Id. (b) In any proceeding that involves the validity of a municipal ordinance or franchise, the municipality must be made a party and is entitled to be heard, and if the statute, ordinance, or franchise is alleged to be unconstitutional, the attorney general of the state must also be served with a copy of the proceeding and is entitled to be heard. App.Fort Worth 1961, writ refd n.r.e.) 2 . POWER OF COURTS TO RENDER JUDGMENT; FORM AND EFFECT. The controversy is ripe, because the insurer is called upon to defend, and because the existence of coverage may impact the outcome of the suit. Auto Ins. 1, eff. In Natl Union Fire Ins. Indemnity is based on the actual facts establishing liability in the underlying suit. (a) This chapter may be cited as the Uniform Declaratory Judgments Act. Cf. Cigna Lloyds Ins. Civ. But, because courts have recognized that, where a coverage issue exists, there is no privity between the insured and the insurer, there is an argument that an insurer should be allowed to litigate facts in a declaratory judgment, regardless of whether the facts are also being litigated in the underlying suit. Because the insurer would be allowed to re-litigate, after the underlying case is resolved, there is no reason to delay the inevitable. In addition to the county of the defendants residence or principal office, venue is generally deemed proper in the county where the liability suit is pending, or judgment is entered.