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· 3/15/1919

Agricultural Insurance Co. of New York v. Anderson

Citations

  • 120 Miss. 278
  • 82 So. 146

Syllabus

<p>1. Insurance. Reformation of policy. Mistake. Location of property insured.</p> <p>Where the agent of the insurance company, under instructions from insured to locate his cotton and insure it at the place where it was found, having independently investigated its location' and insured it as being in brick compartments, when in fact the cotton was in frame sheds, where fire afterwards destroyed it. In such case the policy will be_ reformed as for mutual mistake and recovery had thereon by insured.</p> <p>2. Same.</p> <p>In sueli case the insurer is estopped to deny that the cotton insured, although described in the policy as being located in brick compartments was in fact the cotton which was intended by both parties to be insured.</p>

Judges: Holden

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