VANATER v. ALLSTATE INSURANCE COMPANY

No. 72-164.

279 So.2d 40 (1973)

Homer M. VANATER, Doing Business As Kirby's Shoe Store, and Kirby's Shoe Corporation of Florida, Inc., a Florida Corporation, Appellants, v. ALLSTATE INSURANCE COMPANY, an Illinois Corporation, Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied July 2, 1973.


Attorney(s) appearing for the Case

George J. Baya, Miami, for appellants.

Edna L. Caruso, of Howell, Kirby, Montgomery, D'Aiuto, Dean & Hallowes, West Palm Beach, for appellee.


PER CURIAM.

Appellant-plaintiff, Homer M. Vanater, appeals a final judgment denying reformation of a fire insurance policy in an action for reformation of the insurance policy and seeking payment under the policy as reformed. We reverse.

The sole point on appeal which we consider is that the trial court erred when it instructed the jury that appellant must prove beyond a reasonable doubt that a mutual mistake had been made in the issuance of the insurance...

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