American Manufacturers Mutual Insurance v. E A Technical Services, Inc.

Adams, Judge.

Reformation of contract is available where a mutual mistake results in a contract that does not express the intent of the parties. In this case, two related companies intended to apply for several types of coverage from the Kemper Insurance Companies. Two of the three policies Kemper subsequently issued covered both companies, but the commercial automobile insurance policy was issued in the name of only one of the companies. The trial court granted summary judgment in favor of the omitted company, E A Technical Services, Inc. (E A Tech), on its claim that it was entitled to…