Miller v. Norwich Union Indemnity Co.

Hilton, Justice.

This is an action to reform a policy of public liability insurance so as to designate and name plaintiff as the assured therein in place of the Kenesaw Hotel Company, a corporation, and for the recovery of damages thereunder as so reformed. Plaintiff alleged that he was not named as the assured in the policy because of mis take or fraud on the part of defendants. The case was tried to the court without a jury. The action was dismissed as to the defendant Arthur P. Smith Company. The court’s findings were that on or about August 27, 1926, plaintiff made application to defendant…