GENERAL ASSEMBLY OF NORTH CAROLINA
1989 SESSION
CHAPTER 183
The General Assembly of North Carolina enacts:
Section 1. G.S. 1-257 reads as rewritten:
"§ 1-257. Discretion of court.
The court may refuse to render or enter a declaratory judgment
or decree where such judgment or decree, if rendered or entered, would not
terminate the uncertainty or controversy giving rise to the proceeding. proceeding;
provided, however, that a controversy between insurance companies, arising
either by direct action or by joinder or intervention, with respect to which of
two or more of the insurers is liable under its particular policy and the
insurers' respective liabilities and obligations, constitutes a justiciable
issue and the court should, upon petition by one or more of the parties to the
action, render a declaratory judgment as to the liabilities and obligations of
the insurers."
Sec. 2. This act is effective upon ratification and applies to actions brought on or after that date.
In the General Assembly read three times and ratified this the 1st day of June, 1989.