Fidelity-Phenix Fire Ins. v. Handley

ERVIN, District Judge.

This was a bill filed to reform and enforce a policy of insurance issued by appellant to appellee on the “undivided two-thirds interest in” a certain building, so as to declare the interest to be one for life, instead of a fee, and to recover the amount of the insurance, when so enforced. The bill alleges in the fifth paragraph;

“That, at the time of the issuing of said policy by the defendant to your orator, it was so agreed, and was the intention of your orator and said defendant, that the defendant was to insure whatever interest your orator had in said buildings…