Stewart v. Commonwealth Casualty Co.

The opinion of the court was delivered by

Hutchison, J.:

The appeal in this case is by the defendant insurance company from a judgment rendered in the trial court against it and in favor of the plaintiff for $375 for the loss of an eye. The *920judgment was rendered in an action to reform an accident insurance policy issued by defendant to plaintiff so as to conform to the oral agreement made between the agent of the defendant company and the plaintiff, and to recover'thereon.

The petition alleged that the 'defendant’s soliciting agent represented to plaintiff that the policy he was offering was an…