Parrette v. Citizens' Casualty Co. of N.Y.

The opinion of the court was delivered by

Perskie, J.

The single question requiring decision in this cause is whether a unilateral or a mutual mistake was committed in the writing of the insurance policy covering complainant’s taxicabs.

The facts which give rise to the stated question are free from substantial dispute.

Anthony Parrette, appellant here and complainant below, who sought reformation of the policy in question, was engaged in the taxicab business in Plainfield, New Jersey. He owned three Packard cars, hereafter referred to as cars A, B and C, which he used as taxicabs. Pursuant to the…