The Travelers Insurance Co. v. Bailey

124 Vt. 114, 197 A.2d 813 (1964)

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Nature of the Case

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Facts

Travelers (P) made a mistake in the issuance of an insurance contract with Bailey (D). D was 19 when he submitted his application to P for a life insurance policy. D wanted a life insurance policy for $5,000 with an annuity at age 65 for $500 per year for the balance of his life, ten years certain. The correct descriptive information was inserted on the wrong policy form. The form yielded the correct life insurance amount, but the annuity was for $500 per month for life with 100 months certain. P did not keep a copy of the policy as per industry practice but kept a record of the terms. The premium charged and paid was for the $500 per year annuity. They discovered the mistake 30 years after the policy issued and it involved the annuity portion of the policy. The requested policy was to have an annuity of 500 dollars per year for life for ten years certain at age 65. The actual policy issued had an annuity of $500 per month for life one hundred dollars certain. An amended policy was tendered, but D refused to accept it. There was no evidence that D knew his original policy provided for an annuity payment larger than he was entitled to in the view of the premium paid and for the life insurance provided. The trial court allowed reformation and D appealed.