Hartford Fire Insurance Company v. Leda Herrald, as Administratrix of the Estate of Hoyt W. Herrald, Deceased, and Leda Herrald, Individually

Hartford brought this action for a declaratory judgment that it had no liability on a homeowner’s policy and on a scheduled/valued policy, both of which were issued to the Herralds. The Her-ralds had filed claims for losses due to theft from their home of several art objects and other items. Hartford claimed no liability because of failure of the Herralds to make certain disclosures in their applications for insurance and for failure of the Herralds to cooperate with counsel for Hartford after the claims had been made. The Herralds counterclaimed for the amounts of the policies and for damages.

After trial to a jury, the jury rendered a general verdict against the Her-ralds on their counterclaim. . The jury also answered several interrogatories submitted by the judge, on the basis of which answers the judge entered judgment in favor of Hartford on the declaratory judgment action. Mrs. Herrald, representing herself and the estate of Mr. Herrald, who died during the pen-dency of this case, has appealed.

The Herralds were entitled to a jury, if timely demanded, under Beacon Theatres v. Westover, 359 U.S. 500, 79 .S.Ct. 948, 3 L.Ed.2d 988 (1959), since they would have been so…