American Nat. Ins. Co. v. McPhetridge

This suit is one for reformation of a policy of life insurance, on the ground that by a clerk’s mistake it was made out for $430 when the amount applied for and agreed.upon was $230. The suit was begun within sixty days after the death of the insured and $230 was tendered into court when the suit was filed. At a later date this tender was paid to the appellee without prejudice.

The beneficiary (appellee herein) answered this suit and denied-the insurance company’s right to reform because there was no mutual mistake or fraud; acquiescence; negligence; laches; and the incontestable clause. A…