Stoltz v. National Indemnity Co. of Omaha

This is a chancery action filed by plaintiffs (appellees) based upon a policy of insurance issued by defendant (appellant) to plaintiffs. The policy, by its terms and provisions, covered a 1948 Chevrolet traedor against direct and accidental loss or damage to the tractor named in the policy as the result of risks or hazards named, and specified the actual cash value of the tractor at the time of the loss within limits of liability.

Plaintiffs claimed that a trailer was intended to be covered by the policy and was by mistake omitted from it. Defendant’s answer admitted its obligation to pay for…