Fred M. Valz, III and Jena G. Emory recently defeated a motion to dismiss a declaratory judgment action. Valz and Emory filed a declaratory judgment action to determine the rights and obligations of an insurance company under an insurance policy when the claimant was an employee of the insured.  Counsel for the claimant moved to dismiss the case arguing that there was not a justiciable controversy because a lawsuit had not been filed against the insured and arguing that the insurance company did not make sufficient factual allegations.  Valz and Emory responded that there was a justiciable controversy, even if a lawsuit had not been filed, and that the insurance company made sufficient factual allegations.  The court agreed with Valz and Emory and denied the motion to dismiss.