Justiciable Controversy in a Declaratory Judgment Action
Privilege Underwriters Reciprocal Exchange v. Peter Grayson: When a bona fide justiciable controversy exists in a declaratory judgment action, the trial court has jurisdiction to adjudicate the coverage questions without first finding the damages issues. Facts of the Matter While riding his motorcycle, Peter Grayson was involved in an accident with a vehicle being driven by an uninsured motorist on October 1, 2012. Rather than suing the uninsured motorist, he made a claim with his personal uninsured motorist (“UM”) carrier, which tendered the policy limits of $50,000.00. Grayson then made a claim with Privilege Underwriters Reciprocal Exchange (“PURE”), on a UM policy...
