B. Axe Enterprises v. Northeastern Fire Insurance

Opinion by

Mr. Justice Roberts,

Appellee filed a bill in equity seeking (1) reformation of a fire insurance policy, and (2) a decree that upon the policy as reformed, appellant is liable to appellee in the face amount of the policy. On May 21, 1971, a final decree was entered, ordering appellant to pay appellee the face amount of the policy. This appeal followed.

Although appellant has not directly asserted before this Court that equity was not the proper form of action, we may on our own motion consider the propriety of the form of action, Barco, Inc. v. Steel Crest Homes, Inc., 420 Pa. 553,…