Court clarifies rules for declaratory judgments

Trial Notebook

By Steven P. Garmisa

Hoey & Farina

Posted March 7, 2023 11:19 AM

A federal judge in New York erred by failing to apply the “practical likelihood” standard when he ruled that Admiral Insurance Co.’s coverage complaint against Niagara Transformer Co. wasn’t justiciable under the Declaratory Judgment Act.Admiral wanted a declaratory judgment that it didn’t have a duty to defend or indemnify Niagara against a potential claim by Monsanto Co. involving alleged contamination from polychlorinated biphenyls.Remanding for application of the correct analysis, the Second U.S. Circuit Court of …

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