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There is little dispute that rescission claims brought by insurance carriers are equitable claims for which there is no right to a jury trial. Similarly, an insured’s breach of contract action against an insurance company is legal in nature, and the insured can demand a trial by jury. A recent decision by a federal district court in California, however, suggests that an insured may be able to obtain a jury trial on an insurer’s rescission claim by asserting a breach of contract action.

The Case

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