§ 12.1 When Declaratory Relief Is Appropriate
| Library | Guide to South Carolina Liability and Property Insurance Law (SCBar) (2019 Ed.) |
§ 12.1 When Declaratory Relief Is Appropriate
Declaratory judgment actions are an important and useful tool for both insureds and insurers when faced with disputes arising out of the insurance policy. "A suit for a declaratory judgment is neither legal nor equitable, but is determined by the nature of the underlying issues." Further, "[a] declaratory judgment action to interpret an insurance contract is an action at law."1 Declaratory judgment actions are proper "'when the judgement will serve a useful purpose in clarifying and settling the legal relations in issue, and . . . when it will terminate and afford relief from the uncertainty, insecurity, and controversy giving...
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