TRAVELERS INSURANCE COMPANY v. BAILEY

No. 1229.

197 A.2d 813 (1964)

The TRAVELERS INSURANCE COMPANY v. Edward M. BAILEY.

Supreme Court of Vermont. Windsor County.

February 4, 1964.


Attorney(s) appearing for the Case

Fitts & Olson, Brattleboro, for plaintiff.

Parker & Ainsworth, Springfield, for defendant.

Before HOLDEN, C. J., and SHANGRAW, BARNEY, SMITH and SYLVESTER, JJ.


BARNEY, Justice.

The plaintiff insurance company has come into equity asking for reformation of the annuity provisions of a life insurance policy on the basis of mistake. Thirty years after issuance of the original policy it tendered the defendant insured an amended policy which he refused. On trial, the chancellor found that the amended policy represented the true insuring agreement originally entered into by the parties and allowed reformation. The defendant appealed...

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