National Ben Franklin Insurance v. Davidovitch

PRESIDING JUSTICE HARTMAN

delivered the opinion of the court:

Plaintiff National Ben Franklin Insurance Company (National) appeals from a summary judgment granted to defendant Employers Insurance Company of Wausau (Employers). The issue on appeal is whether the circuit court erred by denying retroactive reformation of an erroneous endorsement in an insurance policy so as to exclude coverage to an individual mistakenly classified as an insured by the endorsement.

On or about April 6, 1974, Dr. Henry Chan was “moonlighting” in the radiology department of Palos Community Hospital (Palos) as an…