Cherilyn Zavatsky | Bloomberg Law Fruge v. Amerisure Mut. Ins. Co., No. 10-31178, 2011 BL 299036 (5th Cir. Nov. 22, 2011) The Fifth Circuit held that an insurer could offer extrinsic evidence to support its claim that its policies should be reformed based on a mutual mistake of the parties. The court interpreted for the first time section 22:1262 of the Louisiana Revised Statutes and concluded that the statute was irrelevant to a reformation action.
Policies Name Two Insureds
No insurance contract insuring against loss or damage through legal liability for the bodily injury or death by accident of any individual . . . shall be retroactively annulled by any agreement between the insurer and the insured after the occurrence of any such injury, death, or damage for which the insured may be liable, and any such annulment attempted shall be null and void.
To view additional stories from Bloomberg Law® request a demo now