State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_1 > GS_1-257

§1‑257.  Discretion of court.

The court may refuse to renderor enter a declaratory judgment or decree where such judgment or decree, ifrendered or entered, would not terminate the uncertainty or controversy givingrise to the proceeding; provided, however, that a controversy between insurancecompanies, arising either by direct action or by joinder or intervention, withrespect to which of two or more of the insurers is liable under its particularpolicy and the insurers' respective liabilities and obligations, constitutes ajusticiable issue and the court should, upon petition by one or more of theparties to the action, render a declaratory judgment as to the liabilities andobligations of the insurers. (1931, c. 102, s. 5; 1989, c.183.)