Ward v. Merrimack Mut. Fire Ins. Co., 332 N.J.Super. 515, 753 A.2d 1214 (App. Div. 2000) (Ward I)
Practice Areas: Property Litigation
Insured brought action against property insurer and agent for declaratory judgment and breach of contract after insurer refused to pay on binder issued by agent allegedly without authority. The Superior Court, Law Division, Monmouth County, refused to allow jury trial. Insurer’s motion for leave to appeal was granted. The Appellate Division held that insured’s action predominantly sought legal relief and, therefore, entitled insured to jury trial.