Katherine's American Bulldog seriously injured Scott. The lawsuit that followed resulted in an award of $250,559.96, but Katherine's insurance carrier offered only $25,000 toward the settlement. Katherine asked that the policy be reformed to provide full coverage for this loss.
Katherine worked with Barbara, her agent, to complete the application for coverage. She had honestly reported her dog's breed, which was not part of the certain breeds listed on the application.
The policy was issued with an Animal Liability Endorsement that limited dog bite coverage to $25,000 and excluded coverage entirely for those certain breeds listed on the application. Katherine was under the impression that the endorsement applied to only those breeds but she never confirmed that impression with Barbara. Barbara also believed the endorsement applied to only those certain breeds but never discussed that impression with either the carrier or Katherine.
Click here to see if the courts agreed to reform the policy because of the mistaken impressions on the part of both the client and the agent.