Jeske v. General Accident Fire & Life Assurance Corp.

It is the position of General Accident Fire & Life Assurance Corporation, Ltd., the defendant, that (1) there is no support in the evidence for the trial court’s judgment of reformation; (2) the defendant is entitled to reformation; (3) the plaintiff may not recover on any theory of estoppel; and (4) the defendant did not waive its rights by its own conduct after the loss occurred.

With reference to the first of these contentions, it is to be observed, that to justify reformation the evidence must be clear and convincing that both parties intended to make a different instrument, and must…