Phoenix Indemnity Co. v. Steiden Stores, Inc.

WADDILL, Commissioner.

Phoenix Indemnity Company sued ap-pellee, Steiden Stores, Inc., to recover a portion of a sum of money paid appellee for an insurance loss. The suit was based upon the theory that there was an overpayment due to a mistake, of fact as.to which clause :of the insurance policy was applicable: From.a judgment dismissing its petition, Phoenix appeals. • -

In March, 1948, Pho.enix issued to Steiden Stores a “comprehensive dishonesty, dis-. appearance, and destruction policy” covering certain property in appellee’s stores in Louisville. Among other things this policy, provided…