American Employers Insurance Company v. St. Paul Fire and Marine Insurance Company Limited

BUTZNER, Circuit Judge:

The principal issue raised in this appeal is whether the district court erred by denying reformation of an insurance policy. Because the policy did not reflect the mutual intention of the insured and the insurer, and because no third party relied to its detriment on the mistake in the policy, we reverse the judgment of the district court and remand for reformation.

I

The dispute arises out of a 1972 explosion of the petroleum barges M.O.S. 101 and M.O.S. 103 on the Ohio River. The barges, owned by the MelJoy Transportation Company and under tow by Mel Joy’s towboat, the…