Carson v. Home Fire & Marine Ins.

BRYAN, Circuit Judge.

This is an appeal from a final decree dismissing on motion a bill to reform a fire insurance policy on the ground of mutual mistake.

The ease stated by the bill is this: Appellants were building contractors. On February 1, 1926, they gave instructions to appellee’s agent, at his solicitation, to issue to them a construction or builder’s risk policy of fire insurance on a two-story dwelling and a garage which they were erecting under contract with the owner. The insurance agent had previously issued to appellants a number of policies of builder’s risk insurance and knew…