W. B. Coppersmith & Sons, Inc. v. Ætna Insurance

Since the policy in suit contained an unlimited one thousand dollar deductible clause, and since the loss in suit was only $890.00, it follows, nothing else appearing, that the action cannot be maintained.

However, the plaintiffs by an amendment to the original complaint seek to reform the policy to conform to what they allege was the policy actually purchased by the plaintiffs by striking therefrom the clause providing for $1,000 deductible in so far as it related to loss by fire, which said clause they allege was inserted in said policy (1) through mistake or inadvertence of the draftsman or…