Travelers Indemnity Company of America v. Townes of Cedar Ridge Condominium Ass’n

Plaintiff insurance company filed a declaratory judgment action seeking a finding that it had properly denied defendant’s request for an appraisal when its insured had sought to use the appraisal provision of the applicable insurance policy to resolve a dispute. The trial court dismissed the insurance company’s complaint on defendant’s motion. The appellate court affirmed, finding that a declaratory judgment action is not the proper vehicle to review past conduct and that the insurance company should have filed a declaratory judgment action seeking guidance on whether the appraisal process applied to the situation prior to denying the request. (HAUPTMAN and McDADE, concurring)