Many consumer or business disputes are decided in a courtroom by a jury. However, a contract dispute presents a matter of law which only a Judge may decide. There are occasions where parties to a written contract may disagree on how a contract should be interpreted. In this situation, the parties may file a legal action, known as a Declaratory Judgment Action, and ask the judge to “declare the rights and responsibilities of the parties to the contract.” One example of a claim brought for declaratory judgment is for the determination as to whether an insurance policy provides coverage for a stated loss. In this instance, the court would determine as a matter of law whether coverage exists under the language of the policy.
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Reust v. State Automobile Mutual Insurance Co. - 2006 Cross-Claimant Reust had a State Auto homeowner's policy with $100,000 liability coverage. Reust's dog dog bit off girlfriend's lip. State Auto denied his girlfriend's claim, refused to indemnify Reust and refused to provide him with a defense when he was sued by his girlfriend. A judgement was rendered against Reust by his girlfriend, and Reust sued his own insurance company for failing to honor their contractual obligations and bad faith. Settlement: $2,400,000.00 insurance bad faith
