APPENDIX 3 COMPLAINT FOR DECLARATORY RELIEF

• Jurisdiction: United States
• Publication year: 2018

The declaratory relief action that follows is a sample that can be used as a guide, depending on the jurisdiction and the local requirements for litigation, for a suit by an insurer against its insured seeking direction from a court, whether the policy provides coverage for a claim asserting punitive damages.

Name, Address Of Party or attorney)

____________

____________

____________

State Bar No: ______

(____) _____ - ________

Attorney for _______ (Or "In Pro Per")

SUPERIOR COURT OF THE STATE OF _______

COUNTY OF ________

[PLAINTIFF(S) NAMES]
Plaintiffs,



v.



[DEFENDANT(S) NAMES]
Defendants ) CASE NO: ) _______ ) ) COMPLAINT ) FOR ) DECLARATORY ) DECLARATORY RELIEF ) ) ) )

Plaintiff complains and for causes of action alleges as follows:

FIRST CAUSE OF ACTION

1. Defendant__, ___ is__, and at all times herein mentioned was__, a resident__ of the City of ___, County of __, State of ________________.

2. Defendant__, ___, is__, and at all times herein mentioned, was__ a Corporation organized and existing under the laws of the State of _______ with principle offices located at ___, in the City of ___, County of ___.

3. Plaintiff__ is__ ignorant of the true names and capacities of defendants sued herein as DOES I through X, inclusive, and therefore sues__ these defendants by such fictitious names. Plaintiff__ will amend this complaint to allege their true names and capacities when ascertained,

4. Plaintiff__ is__ informed and believes__ and thereon alleges__ that, at all times herein mentioned, each of the defendants sued herein was the agent and employee of each of the remaining defendants and was at all times acting within the purpose and scope of such agency and employment.

Factual Background

5. Plaintiff is an insurer authorized to do and doing business in the state of ____________.

6. Defendant is an individual who has asked the plaintiff to defend and indemnify him from allegations that he acted intentionally to cause damage to a third person who seeks compensatory and punitive damages.

7. Plaintiff's policy specifically excludes coverage for claims seeking defense and indemnity for punitive damages.

8. Defendant claims that the policy provides coverage for the

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