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Courses/Law/Insurance Law

DJ Wars: Navigating Insurance Declaratory Judgment Actions

Master the strategic nuances of Declaratory Judgment actions to effectively navigate complex insurance coverage disputes and secure favorable outcomes.

Created byNYS Academy of Trial Lawyers
BeginnerUpdated Jan 21, 2026
DJ Wars: Navigating Insurance Declaratory Judgment Actions

What You'll Learn

check_circleDefine the scope of declaratory judgment actions.
check_circleSelect the optimal venue for filing DJ actions.
check_circleIdentify essential parties to name in the suit.
check_circleDetermine the strategic timing to file a DJ action.
check_circleDraft effective pushback letters for disclaimers.

About This Course

Join us for this overview on how to handle a declaratory judgment action from the perspective of plaintiffs, defendants, and insurance carriers. This course covers the who, what, when, where, why, and how of declaratory judgment actions.

This course breaks down the litigation process into the fundamental elements of the who, what, where, when, why, and how of declaratory judgments. The presenters move beyond abstract theory to provide actionable strategies for navigating the intersection of underlying injury cases—such as New York Labor Law construction accidents—and high-stakes coverage disputes. From initial disclaimers to final judgments, viewers will gain the tactical insight needed to manage these parallel actions effectively.

Key learning outcomes and topics include:

  • The fundamentals of Declaratory Judgment actions, differentiating between pure coverage questions and those seeking monetary relief or defense costs.
  • Strategic considerations for venue selection, comparing the speed and costs of Federal court versus State court, including diversity jurisdiction requirements.
  • Identifying the proper parties to the action, including the rights of injured claimants under Insurance Law 3420 and the necessity of naming excess carriers.
  • Best practices for commencing the action, locating insurance information, and navigating service of process through the Department of Financial Services.
  • Techniques for challenging disclaimers through "pushback letters" and determining the optimal timing to file a DJ action to maximize settlement leverage.
  • Understanding the impact of default judgments in both the underlying action and the coverage action, and how to avoid prejudice.

By the end of this course, participants will be equipped with the knowledge to handle the intricate discovery process, manage conflicting testimony between actions, and utilize mediation to resolve global disputes. Join this session to sharpen your skills in navigating the high-pressure environment of insurance litigation.

Your Instructors

NYS Academy of Trial Lawyers
NYS Academy of Trial Lawyers
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The NYS Academy of Trial Lawyers is the largest statewide trial bar in the US with 5,700+ lawyer and judge members. We are committed to protecting, preserving and enhancing the civil justice system. Our highly acclaimed CLE programming features extraordinary presenters covering the most timely and important topics.

Rosa Feeney Esq.
Rosa Feeney Esq.

Partner at Smiley & Smiley

Rosa is a Partner and Chair of the Insurance and Risk Division at Smiley & Smiley, LLP, and has been in private practice for over 30 years with a focus on policyholder and plaintiff insurance coverage matters. She serves as an insurance coverage consultant to insurance policyholders, plaintiffs, and attorneys who face insurance issues in personal injury and property damage cases. She has also litigated numerous construction, labor law, business owners, automobile, homeowner, life, and disability insurance cases and serves as lead counsel on several New York State litigation matters in the state and federal courts. Having worked on behalf of insurance carriers for over 20 years and now concentrating on policyholder and plaintiff insurance coverage matters, she brings a unique perspective and insight to insurance coverage disputes.

Jocelyn  Seitter, Esq.
Jocelyn Seitter, Esq.

Senior Counsel at Smiley & Smiley LLP

Jocelyn is Senior Counsel with the Insurance Coverage & Risk Division at Smiley & Smiley, where she handles insurance coverage, personal injury, property damage, and commercial liability matters. She earned her JD from SUNY Buffalo Law School, where she was an Associate with the Buffalo Intellectual Property Law Journal.

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Frequently Asked Questions

We are a registered provider with 327+ associations and regulatory bodies worldwide. We operate across 29 global markets including Canada, the US, Australia, and the UK. Every course page clearly displays its specific accreditations. Upon completion, you receive a professional certificate that can be validated online. Our certificates include all necessary accreditation details, credit hours, and completion dates, and are formatted specifically to meet the submission requirements of most global regulatory bodies.

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