KEY SYSTEM TRANSIT LINES v. PACIFIC EMPLOYERS INS. CO.

Docket No. S.F. 19858.

52 Cal.2d 800 (1959)

345 P.2d 257

KEY SYSTEM TRANSIT LINES (a Corporation) et al., Appellants, v. PACIFIC EMPLOYERS INSURANCE COMPANY (a Corporation) et al., Respondents.

Supreme Court of California. In Bank.

October 27, 1959.


Attorney(s) appearing for the Case

Donahue, Richards & Gallagher, Joseph A. Woods, Jr., and Thomas Schneider for Appellants.

Keith, Creede & Sedgwick, Frank J. Creede, Sedgwick, Detert, Moran & Arnold and Scott Conley for Respondents.

Edmund G. Brown, and Stanley Mosk, Attorneys General, and Harold B. Haas, Deputy Attorney General, as Amici Curiae on behalf of Respondents.


SPENCE, J.

Plaintiffs sought reformation of a policy of workmen's compensation insurance issued by the defendant insurance company, and also damages for alleged breach of the terms of the policy as reformed. Defendants successfully interposed the defense of illegality to defeat such reformation and enforcement. From the judgment accordingly entered, plaintiffs appeal.

The main question to be determined is whether the policy, in the event of its reformation...

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