LENK, J.
The written homeowner's insurance policy at issue here had an over-all coverage limit of $500,000, but also contained an "animal liability" endorsement that limited coverage to $25,000 per occurrence for claims arising from animal
1. Background.
On March 10, 2006, Katherine
Bode printed Katherine's completed application form and they both signed the form. Katherine gave Bode a check for $310, representing forty per cent of the total premium cost. The policy was substantially less expensive than Katherine's then-existing FAIR plan policy. Bode provided Katherine a "Verification of Coverage" sheet, showing personal liability limits of $500,000, and informed Katherine that a full policy would be mailed to her.
When Katherine received the full policy, she "skimmed" through it. The policy contained an "Animal Liability Endorsement" (endorsement)
On June 17, 2006, plaintiff Scott Caron was bitten in the face and severely injured by the Fowlers' dog. He and his wife Caryn brought an action against the Fowlers in the Superior Court. A
The Carons then commenced an action in the Superior Court against Horace Mann alleging, among other claims,
Horace Mann moved to correct the judgment, Mass. R. Civ. P. 60 (a), 365 Mass. 828 (1974), and the judge issued an amended final judgment against Horace Mann, totaling $225,559.96, with interest in the amount of $77,197.80. Horace Mann appealed, and we granted its application for direct appellate review.
2. Discussion. a. Standard of review. "The standard of review of a grant of summary judgment is whether, viewing the evidence in the light most favorable to the nonmoving party, all material facts have been established and the moving party is entitled to a judgment as a matter of law." Augat, Inc. v. Liberty Mut. Ins. Co., 410 Mass. 117, 120 (1991). "Because our review is de novo, we accord no deference to the decision of the motion judge." DeWolfe v. Hingham Ctr., Ltd., 464 Mass. 795, 799 (2013). In order to prevail on a motion for summary judgment on a claim for reformation due to mutual mistake, the moving party must establish "that the undisputed material facts fully, clearly, and decisively show[] a mutual mistake." Polaroid Corp. v. Travelers Indem. Co., 414 Mass. 747, 756 (1993) (Polaroid).
Here, there is no dispute that, under the policy as written, coverage for claims arising from a bite by the Fowlers' dog was limited to $25,000. It is also undisputed that Horace Mann fully intended the endorsement to be included in the policy and to limit the Fowlers' coverage for animal bite claims. Indeed, the endorsement was mandatory in all Horace Mann policies.
The summary judgment record indicates, however, that Katherine mistakenly believed that the policy provided up to $500,000 in personal liability coverage for "any incident at all," including claims resulting from a dog bite. Nonetheless, nothing in the record suggests that Katherine expressed this understanding to Bode, Horace Mann's agent, and Katherine undisputedly did not ask Bode any questions regarding the extent of coverage for animal bite claims. Bode, in turn, testified at her deposition that she also mistakenly believed that the policy would provide coverage up to the $500,000 personal liability limit for a dog bite claim, but that she neither conveyed this understanding to Katherine nor even discussed coverage for dog bite liability with her.
The question before us, then, is whether Bode's misunderstanding
The mutual mistake doctrine exists to effectuate the agreement intended by the parties to a contract where the contract language fails to capture that agreement. Central to this doctrine is the fundamental underpinning that the parties had reached an agreement on a point which they intended to enshrine in the written contract but which, for some reason, was mistakenly omitted from that written contract. See Sancta Maria Hosp. v. Cambridge, 369 Mass. 586, 595-596 (1976) ("this court will not decree a reformation unless we are convinced that the parties expressed agreement and an intention to be bound in accordance with the terms that we are asked to establish and enforce" [emphasis supplied]); German Am. Ins. Co. v. Davis, 131 Mass. 316, 317 (1881) ("It must appear beyond reasonable doubt that the precise terms of a contract had been orally agreed upon between the parties, and that the written instrument afterwards signed fails to be, as it was intended, an execution of the previous agreement"). See also 2 G. Couch, Insurance, supra at § 27:3 ("A mistake is mutual where the parties have agreed to accomplish a particular object by the policy, and the policy as executed was insufficient to effectuate the intention"); 66 Am. Jur. 2d Reformation of Instruments § 21 (2011) ("A party may be entitled to reform a contract on a theory of mutual mistake if, at the time of contracting, both parties were laboring under the same misapprehension as to a particular, essential fact; the minds of the parties must have met and reached a prior existing agreement that the written document fails to express").
Here, Bode's misunderstanding as to the application of the endorsement cannot serve as the necessary prerequisite to a claim of mutual mistake. Although her misunderstanding is consistent with Katherine's misunderstanding, it is not a prior
Simply put, the written policy indisputably limited liability coverage for claims stemming from a bite by the Fowlers' dog to $25,000, and nothing in the record "fully, clearly, and decisively" demonstrates that this amount of coverage fails to reflect a previous agreement between the parties to the policy. See Polaroid, supra at 756. Thus, there is no basis upon which to reform the contract.
As stated, the undisputed material facts demonstrate that Bode and Katherine never discussed animal liability coverage, and thus their independent mistakes as to such coverage were in no way mutual. The Carons, as the party seeking reformation, would have the burden at trial of establishing "fully, clearly, and decisively" that the parties were mutually mistaken as to the coverage for animal bites. See Polaroid, supra. Even viewing this undisputed factual record in the light most favorable to the Carons, it is clear that they have "no reasonable expectation of proving" that a mutual mistake existed between Horace Mann and the Fowlers. See Kourouvacilis v. General Motors Corp., supra. Accordingly, Horace Mann is entitled to judgment as a matter of law on the reformation claim.
Conclusion. The judgment granting separate and final judgment
So ordered.
Beginning in February, 2000, all Horace Mann homeowner's insurance policies had been required to include this endorsement.
Bode testified at deposition:
The court determined, however, that the parties had implicitly reached an agreement that the policy would contain the lower rate by virtue of the insured's application explicitly requesting the reduced rate and the insurer's issuance of a policy pursuant to that application. Id. at 581-582. Here, by contrast, Katherine did not apply for or express any desire for a specific level of coverage for dog bite liability.
In any event, in addition to the reasons cited in the text, Bode's single, imprecise statement does not "fully, clearly, and decisively" demonstrate that Bode reached an agreement with Katherine that the Horace Mann policy would provide full personal liability coverage for animal bite claims, given that Bode had no knowledge of the type of coverage the FAIR plan policy provided for such claims. See Polaroid Corp. v. Travelers Indemnity Co., 414 Mass. 747, 756 (1993).