Morgan v. Guaranty National Companies

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• insurer’s decision not to defend suit waived all challenges to insured’s liability, but did not waive challenges to coverage under the policy
• insurer cannot deny a claim and then seek declaratory judgment to determine the propriety of the denial; declaratory judgment is only available where the insurer undertakes a defense but is uncertain how to handle the claim
• refusal to provide defense eliminates need for declaration as to future action
• insurer cannot deny a claim and then seek declaratory judgment to determine the propriety of the denial; declaratory judgment is only available where the insurer undertakes a defense but is uncertain how to handle the claim
• “Because [the petitioner] has not demonstrated a need for a legal judgment that would control its future action, in that its defenses to any claim under the policy can be presented when suit is entered . . . , a declaratory judgment action was inappropriate.”
• “Because [the insurer] has not demonstrated a need for a legal judgment that would control its future action, in that its defenses to any claim under the policy can be presented when suit is entered by [the insured], a declaratory judgment action was inappropriate.”

Source: CourtListener parenthetical corpus (CC0).