Aetna Casualty & Surety Co. v. Horton

Nichols, Presiding Justice.

The plaintiff in the trial court (appellee here) sued Aetna Casualty and Surety Company as a third party defendant to have an insurance policy reformed and to obtain a judgment based upon equitable estoppel.

The history surrounding this litigation is somewhat involved but a brief synopsis is as follows:

In 1959 R. L. Horton, Jr., began a business which he operated under the name of Horton Electric Company. When he began operation of such business he contacted a Mr. Dick Peters (now deceased) of a local insurance firm to obtain insurance. The policy was written by Mr.…