§ 1.14 Reformation

• Library: Guide to South Carolina Liability and Property Insurance Law (SCBar) (2019 Ed.)

§ 1.14 Reformation

Under South Carolina law, "'[r]eformation is the remedy by which writings are rectified to conform to the actual agreement of the parties.'"¹³⁶ Further, "[a] contract can be reformed based on either mutual mistake or unilateral mistake."¹³⁷ With regard to mutual mistake, a court will not reform the policy "absent clear and convincing evidence both parties intended a certain thing and by mistake in the drafting did not obtain what was intended."¹³⁸ With respect to unilateral mistake, a court will not reform the policy "absent clear and convincing evidence the mistake was 'induced by the fraud, deceit, misrepresentation, concealment or imposition in any form of the party opposed in the...