195 Iowa 918 | Iowa | 1923
Recovery is prayed upon the policy only as reformed. The issue of reformation presented the only question for decision in the court below, and is the only matter argued in this court. Appellee does not claim that the policy, according to its terms, went into effect only upon delivery to him on October 21, 1919. He £rea£g ¿ates written in the policy as controlling, in the absence of reformation. As stated, the policy provided:
“* * * that this insurance shall not be in force or effect until and unless * # * a policy delivered to me this animal is in good health and entirely free from sickness or injury, and alive. ’ ’ Reformation is prayed upon the ground of “error or oversight” in fixing the commencement of the term: that is; in writing “October 17” instead of “October 21, 1919.” The situation of the parties is quite the reverse of that ordinarily met with. The question has many times arisen where the animal died or the property upon which insurance was sought was destroyed after the application had been signed, but before the policy had been issued and delivered. In the case at bar, the animal died after the date fixed by the policy for its termination, and less than a year after it was delivered to the insured.
Appellant concedes that appellee paid a full annual premium upon the policy by check at the time the application was signed and delivered to its agent, and that he is entitled to insurance for twelve full months. Appellant, however, contends that, as the dates were written in the policy, the writing must be held to control the printed clause quoted above, and also contends that, by specific agreement, the liability of the company attached
“Number 22198. Amount 2000.
“Premium 160. Accepted and written 10-17-19. Expires 10-17-20. Class. Form G-2. Date Mailed 10-20-19.”
The evidence wholly fails to show that the time fixed for the commencement and expiration of the term as stated was written in the policy by mistake or oversight.
But appellee further argues that, as he paid for and was entitled to insurance for twelve nionths, a fraud was perpetrated upon him by attemping to make the same commence October 17th, when, in fact, the insurance was not effective until the 21st, and that reformation should be awarded upon this ground. If he is correct in this contention, appellant was charging him a full premium for less than one year’s insurance. The difficulty with this contention is that the weight of the evidence tends to show that the insurance was to become effective immediately upon the expiration of the old policy. This made it effective for the full period for which premium was paid, and if we were to hold otherwise, the term would be extended for more than one year.
Some contention is made by appellee that, as the copy of the application attached to the policy did not contain the word “bound,” therefore Section '1741 of the Code is applicable. This section clearly refers to representations by the insured. The writing on
We are unable to find any warrant in the record for reforming the policy. This being true, the decree of the court below must be reversed. It is so ordered. — Reversed.