Back v. Peoples National Fire Insurance
Supreme Court of Connecticut
Action for the reformation of a policy of fire insurance, and for the recovery of a loss thereunder, brought to the Superior Court in Windham County where the issues affecting the reformation of the policy were tried to the court, Webb, J., and those touching the question of loss were tried to the jury at the same time; the court reformed the policy and upon a verdict for the plaintiff rendered a judgment in his favor for $1,914, from which the defendant appealed.
Read the full summary
Action for the reformation of a policy of fire insurance, and for the recovery of a loss thereunder, brought to the Superior Court in Windham County where the issues affecting the reformation of the policy were tried to the court, Webb, J., and those touching the question of loss were tried to the jury at the same time; the court reformed the policy and upon a verdict for the plaintiff rendered a judgment in his favor for $1,914, from which the defendant appealed. The policy in suit insured the plaintiff from June 18th, 1918, to June 18th, 1921, from loss by fire in the sum of $1,500, to a…
1Opinion of the CourtBeach, J.
“To warrant the reformation of a contract on the ground of mutual mistake, the mistake must have been common to both parties, and it must appear that by. reason of it both have done what neither intended, and the evidence should be clear, substantial, and convincing as to both these facts.” Snelling v. Merritt, 85 Conn. 83, 100, 81 Atl. 1089.
One of the reasons of appeal is that in this action no antecedent variant agreement was alleged or proved. As to this point the complaint alleged, and the court has found, that the plaintiff in seeking to insure his house informed the defendant’s agent…
2Cases cited8 opinions
- Hearne v. Marine InsuranceSupreme Court of the United States · 1874
- Palmer v. Hartford Fire InsuranceSupreme Court of Connecticut · 1887
- Park Bros. v. Blodgett & Clapp Co.Supreme Court of Connecticut · 1894
- Snelling v. MerrittSupreme Court of Connecticut · 1911
- duPont v. Standard Arms Co.Court of Chancery of Delaware · 1912
3 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- Ring v. SpinaCourt of Appeals for the Second Circuit · 1948
- Ursini v. GoldmanSupreme Court of Connecticut · 1934
- MacKay v. Aetna Life InsuranceSupreme Court of Connecticut · 1934
- National Reserve Ins. Co. of Illinois v. ScudderCourt of Appeals for the Ninth Circuit · 1934
- Ohio Casualty Ins. v. CallawayCourt of Appeals for the Tenth Circuit · 1943
18 more not listed; retrieve them via the Exa API.