Opinion
January 25, 1943.
Action by the insured to recover monthly benefits under a policy of accident insurance, in which action the defendant insurance company counterclaims for a reformation of the language of the rider attached to the policy. Judgment entered in favor of plaintiff and dismissing the counterclaim, after trial, reversed on the law and the facts, with costs, and judgment is directed in favor of defendant, dismissing the complaint on the law, and granting the relief demanded in the counterclaim, with costs. The plaintiff requested the defendant to furnish her with its type B2 policy, to which the defendant agreed. In reducing the agreement to writing, an error was made; and the agreement should be reformed to state its true nature. Findings of fact Nos. 6, 12, 13 and 14 are reversed, and not found. Conclusions of law Nos. 15 and 16 are reversed and disallowed. Defendant's proposed findings of fact Nos. 2, 3, 7, 8, 9, 10, 11, 14, 16, 17, 19, and 22 to 37, inclusive, which were refused by the trial court, are found. As to all the other proposed findings submitted by the defendant the dispositions made by the trial court are approved and affirmed. All defendant's proposed conclusions of law, except No. 7, which were disallowed by the trial court, are allowed. Close, P.J., Hagarty, Adel and Lewis, JJ., concur; Johnston, J., dissents and votes to affirm.