69 Fla. 544 | Fla. | 1915
Lead Opinion
The appellees filed a bill in equity alleging in effect that a partnership under the firm name of G. C. Vann & Company existed between W. E. Vann and G. C. Vann; that certain real estate was purchased and paid for with partnership funds, but the title was taken in the name of G. C. Vann and W. E. Vann in trust for the partnership; that G. C. Vann died intestate leaving Pearl Vann his widow, and Russell Vann and William
“It is well settled that when a policy of insurance as issued does not conform to the contract which it purports to evidence, and the insured accepts the policy in the belief that it does conform to his contract, a court of equity will reform the instrument; and that after a loss has occurred the reformation of the policy and judgment for the loss may be had in the same suit.” Fidelity Phenix Fire Ins. Co. v. Hilliard, 65 Fla. 443, 62 South. Rep. 585; Phenix Ins. Co. v. Hilliard, 59 Fla. 590, 52 South. Rep. 799; 1 Cooley’s Ins. Briefs 854.
It is alleged that the agent of the defendant company visited the premises and was then and there notified and advised by complainants that G. O. Vann was dead, that the legal title to the building was in the names of W. E. Vann and G. C. Vann at the death of the latter and that his title was in his heirs, and that the premises were bought with partnership funds and that the equitable title was in the firm and was a part of said firm’s assets ; that the agent was also told and informed as to the ownership of the furniture; that the defendant’s agent “then and there said that the said policy of insurance should be written to G. C. Vann and J. R. Vann as the same is written”; that complainants were not familiar with insurance or insurance business and relied upon the said agent to properly write and fix the said policy; that the agent knowing all the facts and being fully advised and informed in the premises, tlieji and there, through error, mistake
The order appealed from is affirmed.
Dissenting Opinion
dissenting.
“It is not sufficient to allege that it was the intention of the parties to make an instrument that would accomplish a certain object, and ask the court to make a writing that will accomplish that object.” 18 Ency. Pl. & Pr., 824, and authorities cited. I do not find that this bill undertakes to declare how the policy should have been written, and I confess to a difficulty in framing a single policy to cover separate furniture separately owned.