Swan v. Allstate Insurance

MR. PRESIDING JUSTICE MURPHY

delivered the opinion of the court.

After a non jury trial, the court ordered the reformation of an automobile insurance policy issued by defendant, so as to include in plaintiffs’ coverage “bodily injury benefit insurance,” also known as “Uninsured Motorist Coverage.” Defendant Allstate appeals on the theory that plaintiffs “totally failed to prove any mutual mistake of fact by any evidence.”

The policy in question was issued by Allstate to plaintiff Carroll E. Swan for the period from September 11, 1962, to September 11, 1963. On July 27, 1963, plaintiffs were…