Dowty
Dowty v. Prudential Insurance of America
Opinion
Lead Opinion
Wood, J.
Appeal by plaintiff from order granting defendants’ motions for a new trial.
On January 28, 1952, Gerald P. Dowty, husband of plaintiff, obtained a policy of life insurance (issued on his life) wherein plaintiff was named the beneficiary.
On December 23, 1956, Mr. Dowty was killed while he was piloting an airplane.
In the first cause of action herein plaintiff sought to reform the life insurance policy so that it would include insurance covering the risk of her husband’s being killed while he was piloting an airplane. The alleged basis for reformation was that such a provision was omitted from the policy by reason of fraud and mistake on the part of defendant Prudential, and by reason of mistake on the part of plaintiff and her husband.
In the second cause of action plaintiff sought recovery under the policy as reformed.
The first and second causes of action were tried without a jury, and the judge found there was no fraud or mistake; and he rendered judgment for defendant Prudential.
*753 The third cause of action was tried with a jury, and the verdict was in favor of plaintiff and against Prudential and Creighton (its agent) for $16,000 damages. Judgment was entered in…