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AKIN v. CERTAIN UNDERWRITERS AT LLOYD'S

No. E038354.

44 Cal.Rptr.3d 284 (2006)

140 Cal.App.4th 291

Jeanne Ruthann AKIN, Plaintiff and Appellant, v. CERTAIN UNDERWRITERS AT LLOYD'S LONDON etc., Defendant and Respondent.

Court of Appeals of California, Fourth District, Division Two.

May 16, 2006.

Attorney(s) appearing for the Case

Shernoff Bidart Darras, William M. Shernoff, Evangeline F. Garris, Claremont, and Joel A. Cohen for Plaintiff and Appellant.

LeBoeuf, Lamb, Greene & MacRae, Dean Hansell and Jared M. Katz, Los Angeles, for Defendant and Respondent.

OPINION

GAUT, J.

1. Introduction

Plaintiff Jeanne Ruthann Akin filed a complaint for improper rescission against defendants Certain Underwriters at Lloyd's of London after defendants denied her homeowner insurance claims and rescinded her policies. The trial court sustained defendants' 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...

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