Akin v. Certain Underwriters at Lloyd's London

Opinion

GAUT, J.

1. Introduction

Plaintiff Jeanne Ruthann Akin filed a complaint for improper rescission against defendant Certain Underwriters at Lloyd’s London after defendant denied her homeowner’s insurance claims and rescinded her policies. The trial court sustained defendant’s demurrer on the grounds that contract damages were not available in a rescission action and plaintiff’s claim was barred by the one-year limitations period provided in the contract. On appeal, plaintiff argues that she was entitled to seek damages under Civil Code section 1692. Plaintiff also argues that her claim of…