§ 5.2.2 Determination of Insurance Coverage.

• Jurisdiction: Arizona

§ 5.2.2 Determination of Insurance Coverage. Repeatedly, the declaratory judgment action has been used by insureds and insurance companies to determine the coverage of policies. See, e.g., Travelers Insurance Co. v. Louisiana Farm Bureau Federation, Inc., 996 F.2d 774 (5th Cir. 1993) (insurer could seek declaration of whether it could cancel health insurance policies); Colton v. Swain, 527 F.2d 296 (7th Cir. 1975) (sheriff sought declaratory judgment of insurance coverage of suit brought under 42 U.S.C. § 1983); Stevens Industries, Inc. v. Maryland Casualty Co., 391 F.2d 411 (5th Cir.), cert. denied, 392 U.S. 926 (1968) (insurance company brought declaratory judgment action to determine whether its policy covered product failure); Sears, Roebuck & Co. v. American Mutual Liability Insurance Co., 372 F.2d 435 (7th Cir. 1967) (insured brought action for determination of whether policy covered product failure); Tamco Corp. v. Federal Insurance Co., 216 F. Supp. 767 (N.D. Ill. 1963) (action by insured and insured’s assignees to determine when depreciation endorsement of fire insurance policy took effect); Phoenix Control Systems, Inc. v. Insurance Co. of North America, 165 Ariz. 31, 796 P.2d 463 (1990) (en banc) (insured brought action to determine whether comprehensive, general liability policy covered copyright-infringement...