Action for Discovery - R.C. § 2317.48 When information and facts surrounding a case are difficult to obtain, a person may bring an action for discovery. A discovery action allows a party to explore the strength of a case without subjecting the party to the potential penalties associated with frivolous lawsuits. Declaratory Judgment Actions - R.C. § 2721.01 et. seq This section allows parties to file suit to have the court determine the validity of a contract and/or the rights of the parties under the contract. This is the most effective tool for resolving disputes on the availability or amount of insurance coverage available. Effective September 24, 1999, a plaintiff who is not an insured under a policy cannot bring a declaratory judgment action against a third party’s insurer to determine if coverage is available for a claim until or unless a final judgment has been placed of record awarding the plaintiff damages against the insured.
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