Cohen v. Globe Indemnity Co.

KIRKPATRICK, District Judge.

The issue now before the court is the reformation of the contract of insurance. See opinion filed December 20, 1940. D.C., 37 F.Supp. 208.

It is adjudged and ordered that the contract be reformed in accordance with the prayer of the plaintiff’s petition.

The defendant contends that certain statements in the course of the opinion of the Circuit Court of Appeals preclude reformation. It will be noted that it does not contend that the decision of that court, as distinguished from what was said in the opinion, has that effect. Nor could it so contend, because the…