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ROYAL INS. CO. v. CITY OF MORGANTOWN, WEST VIRGINIA

Civ. No. 420-W.

98 F.Supp. 609 (1951)

ROYAL INS. CO., Limited v. CITY OF MORGANTOWN, WEST VIRGINIA.

United States District Court, N. D. West Virginia.

July 31, 1951.

Attorney(s) appearing for the Case

Steptoe & Johnson, James M. Guiher, Clarksburg, W. Va., for plaintiff.

Stathers & Cantrall, W. G. Stathers, Mary Frances Brown, Clarksburg, W. Va., for defendant.

BAKER, Chief Judge.

This action was instituted on October 29, 1947, just five weeks and five days after the subject of the insurance coverage was totally destroyed by fire. The relief sought is reformation of the insurance policy by changing it from a "Fire and Lightning" policy to a "Windstorm" policy. The ground for this reformation is mutual mistake.

The policy insures a city airplane hangar located on the Municipal...

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