In any action in a court of record of this Commonwealth having general jurisdiction wherein it is made to appear that an actual controversy exists, the plaintiff may ask for a declaration of rights, either alone or with other relief; and the court may make a binding declaration of rights, whether or not consequential relief is or could be asked.
KRS 418.040
Plaintiff may obtain declaration of rights if actual controversy exists
Applied in 131 court decisions — leading case Scottsdale Insurance v. Flowers (2008)
Most recently applied in United Specialty Ins. Co. v. Cole's Place, Inc. (August 2019)
Effective: July 1, 1953 History: Transferred 1952 Ky
How often courts cite this section
Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.
Official source: Kentucky General Assembly. Reproduced from public-domain Kentucky statutes; confirm against the official source for the current text. Not legal advice.