All Florida Surety Company v. Ralph H. Coker

The appellee, as plaintiff in the lower court, brought an action for reformation of an insurance contract and judgment thereon against the appellant as defendant. The complaint alleged that as a result of an injury to a customer in plaintiffs beauty parlor, plaintiff was forced to pay a judgment for the injury, for which plaintiff thought the Old Colony Insurance Company should have been liable as his insurance carrier. The defendant answered denying coverage under the policy with plaintiff, and alleged that there was no mutual mistake, thus no cause for the requested reformation. After trial before the chancellor, final judgment was entered granting reformation of the insurance policy and awarding plaintiff damages for the previously awarded judgment and attorneys fees plus interest thereon.