Mitchell v. Commercial Standard Insurance Co.

STEPHAN, Judge.

This is an appeal from an order of the circuit court granting defendant’s motion to dismiss a pleading denominated “Claim for Relief of Plaintiff”1 and dismissing plaintiff’s cause of action in toto. This matter arose from a suit in equity to reform an insurance policy so as to show plaintiff as an insured mortgagee together with the Kimberly Investment Corporation. The policy provided fire coverage in the amount of $26,000 on a four family dwelling which burned. The defendant insurance company filed a third party petition alleging that it had issued the policy in question…