Insurance – Reformation

By: WISCONSIN LAW JOURNAL STAFF//April 11, 2012//

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Insurance
Reformation

CPL American Insurance Specialists, Inc., an insurance agency, and Utica Mutual Insurance Company, CPL’s errors-and-omissions (E&O) insurer, appeal from an order dismissing their claim against Acuity, A Mutual Insurance Company, for reformation of an insurance contract CPL sold to Mark K. and Mary A. Palkowski. While this case presents a variation on the theme of Scheideler v. Smith & Associates, Inc., 206 Wis. 2d 480, 557 N.W.2d 445 (Ct. App. 1996), we conclude that Scheideler still controls. Once the Palkowskis accepted payment “in full settlement of all claims,” they had no remaining rights to assign to CPL, Utica or anyone else. We therefore affirm. This opinion will not be published.

2011AP1487 Palkowski v. Acuity

Dist. II, Waukesha County, Ramirez, J., Per Curiam.

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