Dein-Bacher, Inc. v. United States Fidelity & Guaranty Co.

We agree with the vice-chancellor that the evidence clearly indicates that it was the intention of all parties to issue a policy of insurance that would cover the loss sustained by the complainant; that the policy which actually was issued was the result of mutual mistake; and that the complainant is entitled to have it reformed.

There is another question raised in the court below and urged here which is not dealt with at length in the opinion of the vice-chancellor. The appellant contends that the respondent had the policy in its possession from the time of issuance until the time of the…