About the Course
Introduction
This CLE webinar will offer guidance to experienced litigators and insurance coverage lawyers on issues and strategies when deciding whether to seek declaratory relief on the issue of coverage. The panel will review recent decisions and current trends regarding when federal courts may or may not abstain from hearing a declaratory judgment action involving novel or disputed state court issues or that seeks both declaratory and non-declaratory relief. The panel will consider issues arising from multiple claims and insurers with differing coverage positions as in General Cable Corp. v. Scottsdale Indemnity Co., No. 1:24-CV-00797-TMH, 2025 WL 2576384, (D. Del. Sept. 5, 2025).
Description
Both insurers and insureds commence declaratory judgment actions seeking clarification of their respective duties and rights under applicable insurance policies: usually whether the insurer has a duty to defend and/or indemnify. Moreover, certain tactical advantages may accrue to the party filing the declaratory judgment action. Therefore, it is necessary to carefully consider when and where to file, who to join in the declaratory judgment case, what relief to seek, and the preclusive effect of any decision.
When a declaratory judgment action is filed in federal court, significant consideration must always be given to its potential effect on any pending state court action about the underlying claim. In some cases the federal court may abstain, and in other cases it may be prohibited from abstaining. Things can get more complex when deciding whether to commence an action against excess insurers involving multiple claims and multiple insurers take conflicting coverage positions.
Listen as our authoritative panel of insurance practitioners discusses strategies for bringing or opposing declaratory judgment actions.
Presented By
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Tae’s practice focuses on advising corporate policyholders on insurance coverage issues arising under commercial general liability, directors and officers, professional liability/errors and omissions, excess, umbrella, and other types of policies. He has a track record of delivering successful results for clients with D&O, E&O, Property and General Liability Insurance claims. Tae previously served as Counsel with a premier insurance recovery boutique law firm in the U.S. focused on helping commercial policyholders reduce and transfer risk. He joined Calfee as Senior Counsel in 2024. Prior to earning his J.D. from The University of Michigan Law School, Tae taught history with Teach for America in the Bronx, New York.
Mr. Paschos specializes in the defense of professional liability matters, corporate litigation matters, insurance coverage, employment matters, products liability and commercial litigation. An experienced trial attorney, with over 39 years of litigation experience, he has represented, amongst others, major health care institutions and providers, major corporations, corporate officers, physicians, public officials, law enforcement officials, nursing homes, lawyers, judges, school boards, accountants, product manufacturers, insurance agents and brokers, architects and engineers, contractors, transportation companies and insurance companies. Mr. Paschos trial and arbitration skills were enhanced with his LLM degree in Trial Advocacy in 1998 from Temple Law School, which was an advanced one-year trial advocacy program taught by preeminent attorneys and trial advocacy professors. He has also been successful in the appellate courts in both New Jersey and Pennsylvania, and in the 3rd Circuit Court of Appeals.
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This 90-minute webinar is eligible in most states for 1.5 CLE credits.
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Date + Time
- event
Thursday, December 11, 2025
- schedule
1:00 p.m. ET./10:00 a.m. PT
I. Basis for requesting declaratory relief
II. Who can file
A. Litigation advantages to initiating a declaratory judgment
III. Where to file
A. Jurisdiction
B. Venue
C. Choice-of-law
IV. When to file
A. Ripeness
B. Statute of limitations
C. Burden of proof
D. Fee shifting
V. Who to join as parties
VI. Abstention
VII. What can be determined in the action
A. When the issue is duty to defend
B. When the issue is duty to indemnity
C. When the issue is breach of policyholder's conditions
D. When the issue is number of occurrences
E. When multiple carriers are involved
F. Issue preclusion
VIII. What relief can be obtained
IX. When a declaratory judgment is "final": appeal issues
The panel will review these and other important issues:
- If damages and declaratory claims are based on the same legal issues, are federal courts obligated to retain jurisdiction?
- What options exist when some insurance coverage claims are not yet ripe for a declaratory judgment but others could be approaching the statute of limitations cut-off for seeking declaratory relief?
- What are the advantages of being the party that files the declaratory judgment action?
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