The Fifth Circuit Court of Appeals found district court erred in granting liability insurer’s motion for summary judgment that it was not obligated to cover excess judgment because the pertinent Stowers demand lacked specificity, finding its was a misuse of the Federal Declaratory Judgment Act to determine the insurer’s Stowers liability because the Act is procedural in nature to determine the parties’ rights before a dispute ripens to misconduct and cannot be used to retroactively argue the insurer never had a duty to begin with because the demand was invalid.
