Maier Brewing Co. v. Pacific National Fire Insurance

Defendant appeals from a final judgment decreeing reformation of a fire insurance policy issued to plaintiff, and further decreeing that plaintiff recover from defendant certain sums representing the loss sustained by the subject fire plus interest from July 26, 1957 (the date on which defendant formally denied liability under the policy). The amount of loss was determined by the trial court at a hearing subsequent to the entry of the interlocutory judgment, which ordered reformation of the policy, and upon remand by this court following dismissal of defendant's attempted appeal from such interlocutory judgment. ( 194 Cal.App.2d 494 [ 15 Cal.Rptr. 177 ].) Despite the dismissal of the prior appeal, and the parties having so stipulated, we have also undertaken to consider the several points therein briefed and argued which are adopted in the present proceeding by reference; they relate, of course, to the issue whether the evidence justified a reformation of the policy in the first instance.

The background facts are summarized in the opinion on the prior appeal. ( 194 Cal.App.2d 494, 495 [ 15 Cal.Rptr. 177 ]); “Maier owned and operated a brewery in Los Angeles. The buildings and…