Nazzaro v. Globe & Republic Insurance Co. of America

The opinion of the court was delivered by

WolesKeil, J.

This is an appeal from a decree of the Court of Chancery reforming a fire insurance policy written by appellant for respondent and also restraining the appellant company from maintaining one of the defenses which it pleaded in a suit at law that was commenced by respondent against the appellant.

The policy was issued to cover an amusement device operated by appellant in a summer park in Trenton. The park was closed from Labor Day to Memorial Day. There was evidence from respondent that when the policy was delivered to him he noticed an…