Peterson v. Commonwealth Casualty Co.

BRADLEY,'J.

Plaintiff filed his petition in three counts. In the first he sought the equity side of the court and asked that an accident insurance contract be so reformed as to conform to the agreement he had with the soliciting agent. In the second count plaintiff sought recovery on the reformed contract. In the third count he sought recovery on the policy delivered to him; but this count was dismissed. A jury was waived on the law count, and the whole cause tried before the court. The court reformed the policy and found for plaintiff on the second count based upon the reformed contract.…