Georgia Injury Lawyers Blog
The Georgia Declaratory Judgment Act
Many lawsuits involving insurance coverage or an insurer’s bad faith unfold in the context of a declaratory judgment. This addresses those issues specific to a declaratory judgment action involving insurers and insureds. The Georgia Declaratory Judgment Act, O.C.G.A. § 9-4-1 et seq. provides a mechanism to settle and afford relief from uncertainty and insecurity with respect to rights, status, and other legal relations.
In Georgia, “a declaratory judgment is permitted to determine a controversy before obligations are repudiated or rights are violated.” The petitioner is not entitled to a declaratory judgment where the rights of the parties have already accrued and there are no circumstances showing any necessity for a determination of the dispute to guide and protect the petitioner from uncertainty and insecurity with regard to the propriety of some future act or conduct. A declaratory judgment action makes no provision for a judgment which is advisory.