Right To A Jury Trial.

Insurance company agreed to continue paying disability payments while it investigated whether or not insured was totally disabled. At the conclusion of its investigation, the insurance company filed a declaratory relief action. The insured asked for a jury trial, and the insurance company prevailed upon the trial court to deny the request because it was an action in equity. In a petition for extraordinary relief, the appellate court reversed, stating: “Provident’s declaratory relief claim raises factual questions pertaining to contractual rights, which are legal in nature. Although Provident has elected to pay Entin benefits while pursuing the action, that does not transform the nature of the dispute into one arising in equity. Entin is therefore entitled to a jury trial.” Entin v. Superior Court (Provident Life and Accident Ins. Co.) (Cal. App. Second Dist., Div. 7; August 20, 2012) 208 Cal.App.4th 770.