Aiken Petroleum Co. v. National Petroleum Under Writers of Western Millers Mut. Fire Ins.

This action, based upon the amended and supplemental complaint, was brought to reform and to enforce as reformed, an insurance policy issued by the de fendant in 1943, covering certain properties owned by the plaintiffs which were destroyed by fire on October 20, 1943. The reformation sought is the elimination from the policy in question, and also from a policy written in 1942, of a one hundred per cent, co-insurance clause, which 'the plaintiffs allege was improperly, inequitably and fraudulently inserted. The general theory of the complaint is based upon the doctrine of imputed knowledge,…