4.1.4 The Parties

• Jurisdiction: Arizona

A declaratory judgment action must have at least two parties whose interests are adverse to each other.^[26] The parties must have standing, generally defined as the plaintiff having an actual and real interest in the matter for determination, and the defendant having a real interest in opposing the declaration sought.^[27]

Under A.R.S. Sec. 12-1832:

Any person interested under a . . . contract or other writings constituting a contract, or whose rights, status or other legal relations are affected by a . . . contract . . . may have determined any question of construction or validity arising under the . . . contract . . . and obtain a declaration of rights, status or other legal relations thereunder.

Thus, declaratory relief is available to insureds, insurers, and any other party whose rights, status, or legal relations are affected by the insurance policy.^[28]

A.R.S. Sec. 12-1841 specifies the proper parties to be joined in any declaratory judgment action:

When declaratory relief is sought, all persons shall be made parties who...