Florida Home Insurance v. Bozeman

Citations

• 58 Fla. 424

Syllabus

<p>Equity Practice — Inconsistent Remedies.</p> <p>Where an insurance company as defendant to a bill in equity filed against it for reformation and correction of an alleged mistake in a policy of fire insurance issued by it interposes a plea to such bill alleging that the complainant had already instituted his suit at law upon such policy claiming recovery thereon in the form that the same was written and that such suit at law was still pending, and that complainant had thereby elected to. .stand upon said contract as written and was thereby forever precluded and estopped from maintaining a suit for reformation of such policy, such plea is properly overruled when it appears to the chancellor at the hearing thereof that the' alleged suit at law by the complainant was not upon the policy as the same was written, but that such policy was declared upon in such suit at law in the form .that such bill for reformation sought to make it bear. In such a case there is no inconsistency between the two remedies. The suit in equity for reformation being ancillary to and in aid of the suit at law upon the policy sought to be reformed.</p>