(A) Subject to division (B) of this section, courts of record may declare rights, status, and other legal relations whether or not further relief is or could be claimed. No action or proceeding is open to objection on the ground that a declaratory judgment or decree is prayed for under this chapter. The declaration may be either affirmative or negative in form and effect. The declaration has the effect of a final judgment or decree.
(B) A plaintiff who is not an insured under a particular policy of liability insurance may not commence against the insurer that issued the policy an action or proceeding under this chapter that seeks a declaratory judgment or decree as to whether the policy's coverage provisions extend to an injury, death, or loss to person or property that a particular insured under the policy allegedly tortiously caused the plaintiff to sustain or caused another person for whom the plaintiff is a legal representative to sustain, until a court of record enters in a distinct civil action for damages between the plaintiff and that insured as a tortfeasor a final judgment awarding the plaintiff damages for the injury, death, or loss to person or property involved.
(C) In an action or proceeding for declaratory relief that a judgment creditor commences in accordance with divisions (A) and (B) of this section against an insurer that issued a particular policy of liability insurance, the insurer has and may assert as an affirmative defense against the judgment creditor any coverage defenses that the insurer possesses and could assert against the holder of the policy in an action or proceeding under this chapter between the holder and the insurer.
If, prior to the judgment creditor's commencement of the action or proceeding for declaratory relief, the holder of the policy commences a similar action or proceeding against the insurer for a determination as to whether the policy's coverage provisions extend to the injury, death, or loss to person or property underlying the judgment creditor's judgment, and if the court involved in that action or proceeding enters a final judgment with respect to the policy's coverage or noncoverage of that injury, death, or loss, that final judgment shall be deemed to also have binding legal effect upon the judgment creditor for purposes of the judgment creditor's action or proceeding for declaratory relief against the insurer. This division shall apply notwithstanding any contrary common law principles of res judicata or adjunct principles of collateral estoppel.
Notes of Decisions
Cited in 189
cases (31 in the last 5 years), 1955–2026 · leading case: Ncmic Ins. Co. v. Smith, 375 F. Supp. 3d 831 (S.D. Ohio 2019).
Ncmic Ins. Co. v. Smith, 375 F. Supp. 3d 831 (S.D. Ohio 2019). · cites it 18דSpecifically, Plaintiff maintains that its party or non-party status in state court bears little relevance in the present controversy because O.R.C. § 2721.02(B) bars a declaratory judgment in state court.”
Est. of Heintzelman v. Air Experts, Inc., 2010 Ohio 3264 (Ohio 2010). · cites it 7דLaw and Analysis {¶ 10} Together, R.C. 2721.02, 2721.12, and 3929.06 establish the rules for insurance-coverage declaratory judgment actions involving injured parties, tort-feasors, and tortfeasors’ insurers.”
Wilkins v. Harrisburg, 2015 Ohio 5472 (Ohio Ct. App. 2015). · cites it 8ד03, which provides in pertinent part, as follows: Subject to division (B) of section 2721.02 of the Revised Code, * * * any person whose rights, status, or legal relations are affected by a constitutional provision, statute, rule as defined in section 119.”
The State Ex Rel. Ford v. Ruehlman, Judge, 2016 Ohio 3529 (Ohio 2016). · cites it 2דAnd the same problem affects the first portion of Paragraph F, seeking a declaration of WSBC’s rights and responsibilities under the Kentucky order requiring the transfer of Chesley’s beneficial interest in WSBC to the Abbott plaintiffs.”
Moore v. City of Middletown, 2012 Ohio 3897 (Ohio 2012). · cites it 2ד{¶ 45} First, the declaratory-judgment chapter of the Revised Code broadly authorizes plaintiffs to bring actions for a declaration of “rights, status, and other legal relations whether or not further relief is or could be claimed.”
Huntsman v. State, 2017 Ohio 2622 (Ohio Ct. App. 2017). · cites it 3דIn her prayer for relief, Huntsman sought a declaration that she is exempt from the permitting requirements of the DWA on the basis of her ODNR permit and asked the court for an order requiring the return of the seized animals at the State’s Stark County, Case No.”
Lingo v. State, 2014 Ohio 1052 (Ohio 2014). · cites it 2ד” R.C. 2721.02(A). But it must be remembered that the common pleas court has the power to grant declaratory relief only if “such relief is already within its jurisdiction to grant.”
Scott v. Houk, 2010 Ohio 5805 (Ohio 2010). · cites it 6ד{¶ 19} Ohio’s Declaratory Judgment Act authorizes courts of record to “declare rights, status, and other legal relations whether or not further relief is or could be claimed.”
Indiana Ins. v. Murphy, 848 N.E.2d 889 (Ohio Ct. App. 2006). · cites it 10ד{¶ 28} Specifically, R.C. 2721.02 provides: *824 A plaintiff who is not an insured under a particular policy of liability insurance may not commence against the insurer that issued the policy an action or proceeding under this chapter that seeks a declaratory judgment or decree…”
Driscoll v. Austintown Assocs., 328 N.E.2d 395 (Ohio 1975). · cites it 4ד05, inclusive, of the Revised Code do not limit or restrict the exercise of the general powers conferred in Section 2721.02 of the Revised Code in any proceeding where declaratory relief is sought, in which a judgment or decree will terminate the controversy or remove an…”
Peoples Rights Org., Inc. v. Montgomery, 756 N.E.2d 127 (Ohio Ct. App. 2001). · cites it 3ד03 provides: “Subject to division (B) of section 2721.02 of the Revised Code, any person * * * whose rights, status, or other legal relations are affected by a constitutional provision, statute, [or] rule as defined in section 119.”
Lingo v. State, 2014 Ohio 1052 (Ohio 2014). “” R.C. 2721.02(A). But it must be remembered that the common pleas court has the power to grant declaratory relief only if “such relief is already within its jurisdiction to grant.”
Scott v. Houk, 2010 Ohio 5805 (Ohio 2010). “{¶ 19} Ohio’s Declaratory Judgment Act authorizes courts of record to “declare rights, status, and other legal relations whether or not further relief is or could be claimed.”
Wilkins v. Harrisburg, 2015 Ohio 5472 (Ohio Ct. App. 2015). “03, which provides in pertinent part, as follows: Subject to division (B) of section 2721.02 of the Revised Code, * * * any person whose rights, status, or legal relations are affected by a constitutional provision, statute, rule as defined in section 119.”
Ncmic Ins. Co. v. Smith, 375 F. Supp. 3d 831 (S.D. Ohio 2019). “Specifically, Plaintiff maintains that its party or non-party status in state court bears little relevance in the present controversy because O.R.C. § 2721.02(B) bars a declaratory judgment in state court.”
Est. of Heintzelman v. Air Experts, Inc., 2010 Ohio 3264 (Ohio 2010). “Law and Analysis {¶ 10} Together, R.C. 2721.02, 2721.12, and 3929.06 establish the rules for insurance-coverage declaratory judgment actions involving injured parties, tort-feasors, and tortfeasors’ insurers.”
Indiana Ins. v. Murphy, 848 N.E.2d 889 (Ohio Ct. App. 2006). “{¶ 28} Specifically, R.C. 2721.02 provides: *824 A plaintiff who is not an insured under a particular policy of liability insurance may not commence against the insurer that issued the policy an action or proceeding under this chapter that seeks a declaratory judgment or decree…”
Wilkins v. Harrisburg, 2015 Ohio 5472 (Ohio Ct. App. 2015). “03, which provides in pertinent part, as follows: Subject to division (B) of section 2721.02 of the Revised Code, * * * any person whose rights, status, or legal relations are affected by a constitutional provision, statute, rule as defined in section 119.”
Est. of Heintzelman v. Air Experts, Inc., 2010 Ohio 3264 (Ohio 2010). “Law and Analysis {¶ 10} Together, R.C. 2721.02, 2721.12, and 3929.06 establish the rules for insurance-coverage declaratory judgment actions involving injured parties, tort-feasors, and tortfeasors’ insurers.”
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