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Full-Text Articles in Courts
The Logan Bill, Gregory Hankin
Judgments - Declaratory Judgments - Scope Of The Federal Act, Michigan Law Review
Judgments - Declaratory Judgments - Scope Of The Federal Act, Michigan Law Review
Michigan Law Review
After the insured had made formal claims for total disability benefits for four years without bringing action to enforce them, the insurer, having at all times denied the total disability of the insured, brought suit in a federal district court for a declaration that it was not liable for the benefits claimed and that the policies had lapsed for non-payment of premiums. The district court granted a motion to dismiss because the insurer failed to present a "controversy" within the Federal Constitution and the Declaratory Judgments Act and because the insurer had no "rights or other legal relations" to be …