United States Second Circuit

District Court did not err in rejecting the defendant underwriters' claim for reformation; although the calculation of the amount of the unearned premium is flawed, the parties agreed not only to the amount to be returned but also to the flawed methodology by which it was determined, and that such circumstances do not constitute the sort of mutual mistake that warrants reformation.

Appellate Information

• Decided 12/05/2003
• Published 12/05/2003

Judges

• JON O. NEWMAN, Circuit Judge., Before:  WALKER, Chief Judge, NEWMAN and CARDAMONE, Circuit Judges.

Court

• United States Second Circuit

Counsel

• For Appellees:
  
• Paul C. Fonseca, Pattison & Flannery, New York, N.Y., for Defendants-Appellants., Randy Paar, Dickstein Shapiro Morin & Oshinsky, LLP (Edward Tessler, Ryan Luft, on the brief), New York, N.Y., for Receiver-Appellee.