Burton v. Life & Casualty Insurance

BrogdeN, J.(1) Can an illiterate insured, receiving certain written policies of insurance not covering his injury, recover benefits falsely and fraudulently represented to be contained in the policies, without reforming the contracts?(2) Can such contracts be reformed by a mere showing of fraud and Avithout any allegation or issue warranting reformation and without a prayer for such relief ?

Justice Holce, delivering the opinion in Flours v. Insurance Co., 144 N. C., 232, 56 S. E., 915, wrote: “It is also accepted doctrine that when the parties have bargained together touching a contract of…