Maier Brewing Co. v. Pacific National Fire Insurance

Appeal by defendant Pacific National Eire Insurance Company, called Pacific National, from an interlocutory judgment decreeing reformation of a fire insurance policy issued by it to plaintiff Maier Brewing Company, called Maier.

Maier owned and operated a brewery in Los Angeles. The buildings and equipment were insured against loss by fire by two policies issued by Home Eire and Marine Insurance Company, one effective December 8,1952, to December 8, 1955, and the other effective January 22, 1953, to January 22, 1956, and a third policy issued by Union Insurance Society effective January 13, 1953, to January 13, 1956. Maier’s property included a large lot known as the Gas Company property on which it stored equipment of the value of $318,000. The Home policies covered the equipment on the Gas Company property.

About October 19,1955, Pacific National, through BehrendtLevy Insurance Agency, issued to Maier a fire insurance policy effective for a term of five years from December 8, 1955, to replace the Home and Union policies. As the coverage under the Home and Union policies did not expire on the same date, endorsements were included on the Pacific National policy increasing the…