The court may refuse to render or enter a declaratory judgment or decree where such judgment or decree, if rendered or entered, would not terminate the uncertainty or controversy giving rise to the proceeding; provided, however, that a controversy between insurance companies, arising either by direct action or by joinder or intervention, with respect to which of two or more of the insurers is liable under its particular policy and the insurers' respective liabilities and obligations, constitutes a justiciable issue and the court should, upon petition by one or more of the parties to the action, render a declaratory judgment as to the liabilities and obligations of the insurers.
N.C. Gen. Stat. § 1-257
Discretion of court
Known as the Uniform Declaratory Judgment Act
The act spans §§ 1-253 to 1-267 (15 sections).
Applied in 9 court decisions — leading case 153 N.C. App. 1 - Farber v. North Carolina Psychology Board (2002)
Most recently applied in Tumlin v. Tuggle Duggins P.A. (December 2018)
1931, c. 102, s. 5; 1989, c. 183.
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: North Carolina General Assembly. Reproduced from public-domain North Carolina statutes; confirm against the official source for the current text. Not legal advice.