INDEMNITY INSURANCE COMPANY v. TOWN OF MILFORD

Civ. A. No. 4644.

127 F.Supp. 394 (1954)

INDEMNITY INSURANCE COMPANY OF NORTH AMERICA, Plaintiff, v. TOWN OF MILFORD and John E. Philo, Defendants.

United States District Court, D. Connecticut.

March 31, 1954.


Attorney(s) appearing for the Case

Gumbart, Corbin, Tyler & Cooper, New Haven, Conn., for plaintiff.

Richard H. Lynch, Milford, Conn., for defendant.


SMITH, Chief Judge.

This is an action by a liability insurer against insured and insured's fire truck driver for a declaration of non-liability to defend actions by two volunteer firemen and the estate of another injured in an automobile accident while on duty, and for reformation of the policy specifically to exclude coverage of volunteer firemen.

On the claim for reformation, a finding of mutual mistake depends on a finding that the Town did not intend to...

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