How have plaintiffs been successful on appeal against a finding that a plaintiff did not have a right to a jury trial on the factual issue of insurance coverage?

California, United States of America


The following excerpt is from Hollingsworth v. Heavy Transp., Inc., 281 Cal.Rptr.3d 738, 66 Cal.App.5th 1157 (Cal. App. 2021):

Plaintiffs assert two contentions on appeal: (1) the trial court deprived plaintiffs of a jury trial on the factual issue of insurance coverage, and (2) the court's decision violates the parol evidence rule and contradicts the insurance policy.3 We consider plaintiffs contentions below, following the "fundamental principle of appellate procedure that a trial court judgment is ordinarily presumed to be correct and the burden is on an appellant to demonstrate, on the basis of the record presented to the appellate court, that the trial court committed an error that justifies reversal of the judgment." ( Jameson v. Desta (2018) 5 Cal.5th 594, 608-609, 234 Cal.Rptr.3d 831, 420 P.3d 746.)

[66 Cal.App.5th 1173]

A. Plaintiffs did not have a right to a jury trial

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