Springfield Fire & Marine Ins. Co. of Springfield v. Martin

BRYAN, Circuit Judge.

Appellee, upon his bill in equity, was awarded a decree reforming a fire insurance policy and allowing a recovery on it as reformed. The policy as issued was on a building “occupied as a dwelling house,” and contained the usual provision that it should be void if the insured had misrepresented any material fact concerning the subject-matter of insurance. The building was not and had never been occupied; at the time the policy was issued it was under construction and was burned without fault of the insured before it was completed. Appellant’s agent knew it was unfinished…