Defense Of Declaratory Judgment Matters

Insurance is supposed to provide coverage in case things go wrong. Homeowner's insurance, auto insurance, health insurance and renter's insurance are just some of the many different types of policies you may have to protect you from financial loss in case you get sick, in an accident or have your property destroyed.

In some cases, when something goes wrong, it is very clear that the insurance company needs to pay. In other situations, however, your insurer may believe that you aren't covered. When this happens, the insurance company may go to court to get a declaratory judgment. Essentially, this means the court could say you aren't covered for your losses before you get a chance to try to pursue a claim against the insurer or sue your insurer for failing to pay as promised.

If your insurer initiates a declaratory judgment action, you need to act quickly and get legal help from an experienced Atlanta insurance litigation attorney. The Law Office of Brian C. McCarthy is here to help. Give us a call or contact us online to learn more about how we can assist you with your case and to get answers to important questions including:

  • What is a declaratory judgment matter?
  • Why do I need an attorney to defend a declaratory judgment matter?
  • How can an Atlanta insurance litigation attorney help me if my insurer seeks a declaratory judgment?

What is a Declaratory Judgment Matter?

When an insurance company thinks that you aren't covered but worries you are going to pursue a claim and perhaps sue if they don't pay, the insurer may want to be proactive and get a court to rule on its behalf. This could save the insurer attorney's fees. The insurer in these instances will petition the court and ask the court to weigh in on the issue of whether you are covered. This type of legal action is called a declaratory judgment matter.

Essentially, as the name suggests, the court declares its position on whether your particular loss would be covered by your insurance policy. If the court says that the policy shouldn't provide compensation for your losses, then you aren't going to be able to make a claim and get the insurance company to pay.

Why Do I Need an Attorney to Defend a Declaratory Judgment Matter?

When your insurer files a request for the court to make its declaration on your insurance coverage, the insurer is going to have an attorney who takes care of all the court paperwork and who makes arguments to the court on its behalf. The insurer's lawyer is going to do everything possible to make a strong case and will present legal arguments to try to deny you the money you need.

You deserve to have your own knowledgeable legal advocate representing you, standing up for you and arguing on your behalf. An Atlanta insurance bad faith lawyer at the Law Office of Brian C. McCarthy can respond to the declaratory judgment action, research case law to find legal precedent supporting your positions, and put together a really strong argument for why the court should not side with your insurer and prevent coverage for your losses.

How Can an Atlanta Insurance Litigation Attorney Help Me If My Insurer Seeks a Declaratory Judgment?

If your insurance company seeks a declaratory judgment, an experienced Atlanta bad faith insurance lawyer at the Law Office of Brian C. McCarthy will do everything possible to help protect the insurance coverage you need and that you paid for. You are in good hands with a top-notch legal professional recognized as a SuperLawyers Rising Star from 2010 to 2014.

We serve clients in Atlanta, Marietta, Decatur, Fayetteville, DeKalb and Fulton Counties, Cobb County, Cherokee, Clayton, Henry and Forsyth County and all of northern Georgia. Give us a call or contact us online today to speak with a member of our legal team and learn how we can help when your insurer tries to deny you coverage.