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Utica Mutual Insurance Co. v. Hanover Ins. Co.

Court: ND Tx  11/05/2024  Court Denies Cross-Motions for Summary Judgment Between Insurers Regarding Alleged Mistake and Policy Reformation

A court of the Northern District of Texas denied cross-motions for summary judgment between insurers regarding mistake and reformation, finding that fact issues preclude judgment where an ambiguity in an agency agreement between the issuing insurer and the insurance agent did not make clear the agent's authority to receive reports of scheduled equipment where the insured properly requested from the agent that certain construction equipment be scheduled, but such equipment was not later scheduled in the policy.

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