German Fire Insurance v. Gueck
Illinois Supreme Court
Appeal from the Appellate Court for the Third District;— heard in that court on appeal from the Circuit Court of Calhoun county; the Hon. Cyrus Bpler, Judge, presiding.
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Appeal from the Appellate Court for the Third District;— heard in that court on appeal from the Circuit Court of Calhoun county; the Hon. Cyrus Bpler, Judge, presiding. This was a bill in equity, brought to reform a policy of insurance issued by the German Fire Insurance Company to one Fred Gueck, on the ground it purports to insure his interest in certain property, when it should have insured the interest of the complainants, whose agent they claim Fred Gueck was, and on the further ground that a mistake was made in the description of the land on which the building was erected. The bill also…
1Opinion of the CourtJustice Craig
If the contracting parties to a policy of insurance make a mistake in the description of the premises, or in the names of the insured, a court of equity, upon proper proof, has jurisdiction to reform the contract and correct the mistake, as held in Keith v. Globe Ins. Co. 52 Ill. 518, and Home Ins. Co. of Texas v. Myer, 93 id. 271. Here, the land upon which the house was located was described as being in section 5, instead of section 20. The parties never owned or pretended to own land in section 5, and-had no intention of insuring a house in that section. The intention of Fisher, the agent…
2Cases cited2 opinions
- Grange Mill Co. v. Western Assurance Co.Illinois Supreme Court · 1886
- Keith v. Globe InsuranceIllinois Supreme Court · 1869
3Cited by27 opinions
- Bernhard v. Rochester German InsuranceSupreme Court of Connecticut · 1906
- Phenix Insurance v. StocksIllinois Supreme Court · 1893
- Zannini v. Reliance Insurance of Illinois, Inc.Illinois Supreme Court · 1992
- Taylor v. Glens Falls InsuranceSupreme Court of Florida · 1902
- Stoltz v. National Indemnity Co. of OmahaAppellate Court of Illinois · 1952
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