TML Intergovernmental Employee Benefits Pool v. Prudential Insurance Co. of America

OPINION

JAN P. PATTERSON, Justice.

In this case we must decide whether, when a governmental entity brings suit for declaratory relief, the defendant as the prevailing party may recover attorney’s fees from the governmental entity. Appellant- TML Intergovernmental Employee Benefits Pool (“the Pool”) contends in one issue that governmental immunity bars the award of attorney’s fees to appellee Prudential Insurance Company of America. Because we hold that the Pool’s initiation of suit waived immunity from suit and that its request for declaratory relief under the Uniform Declaratory Judgments Act…