TOKIO MARINE & FIRE INS. CO. v. NATIONAL UNION F. INS. CO.

No. 448.

91 F.2d 964 (1937)

TOKIO MARINE & FIRE INS. CO., Limited, v. NATIONAL UNION FIRE INS. CO.

Circuit Court of Appeals, Second Circuit.

July 19, 1937.


Attorney(s) appearing for the Case

Morgan & Lockwood, of New York City (Louis J. Wolff and Harding Cowan, both of New York City, of counsel), for appellant.

Powers, Kaplan & Berger, of New York City (Abraham Kaplan and George I. Gross, both of New York City, of counsel), for appellee.

Before MANTON, L. HAND, and CHASE, Circuit Judges.


MANTON, Circuit Judge.

Appellant sued at law to recover loss upon a policy of reinsurance and appellee interposed an equitable defense seeking reformation of the insurance contract upon the ground that the policy had been issued through appellee's mistake and inequitable conduct by the appellant. The equitable issue was first tried and resulted in a decree reforming the policy and denying the appellant's claim for loss thereunder.

Both parties were insurance...

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