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Which of the Following Was the Result on Appeal in Caliber

Question 19

Multiple Choice

Which of the following was the result on appeal in Caliber One Indemnity Co. v. Wade Cook Financial Corp. and Diana K. Carey, the case in the text in which the plaintiff claimed relief on the basis that the limit of insurance coverage for earthquake damage was reduced from $5,000,000 to $500,000 due to a mutual mistake?


A) That the plaintiff was not entitled to relief on the basis that a representative of the plaintiff should have read the contract and noticed the mistake.
B) That because both parties were negligent in not catching the mistake, the mutual-mistake doctrine was inapplicable resulting in no relief to the plaintiff.
C) That the plaintiff was not entitled to relief because the mistake was not related to a basic assumption on which both parties relied when making the contract for all types of property insurance.
D) That the plaintiff was entitled to relief based on the mutual-mistake doctrine.
E) That the plaintiff was entitled to relief based on the unilateral-mistake doctrine.

Correct Answer:

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