Ciba-Geigy Corp. v. Liberty Mutual Insurance

I disagree that the policyholders surrendered their right to a jury trial when they initiated their declaratory judgment actions. The decision represents an abrupt departure from longstanding New Jersey law.

“[Ujnder any declaratory judgment act, legal questions of fact must be tried before a jury where a demand for jury trial has been properly made.” 20 Appleman, Insurance Law and Practice § 11378(1980).

The reasoning that underlies this principle is quite simple. A declaratory judgment act merely provides a procedural device to accelerate the resolution of a dispute; the procedural device…