Morris v. Franklin Fire Ins.

WILBUR, Circuit Judge.

This action is brought upon, or in connection with, a certain policy of fire insurance known as Furriers’ Customers Basic Policy, dated September 14, 1939. The action, although the parties have not so treated it, is an action to reform the policy of insurance because of mistake and to enforce the policy as reformed by awarding to the customers the amount of their respective losses due to a fire occurring November 30, 1939. The policy as written and as set forth as an exhibit to the complaint does not, it is alleged, cover the loss suffered by any of the customers who…