Morris

This action is brought upon, or in connection with, a certain policy of fire insurance known as Furriers’ Customers Basic Policy, dated September 14, 1939. The action, although the parties have not so treated it, is an action to reform the policy of insurance because of mistake and to enforce the policy as reformed by awarding to the customers the amount of their respective losses due to a fire occurring November 30, 1939. The policy as written and as set forth as an exhibit to the complaint does not, it is alleged, cover the loss suffered by any of the customers who were made defendants. It is only if the policy is reformed so as to cover all furs or garments trimmed with fur belonging to customers in possession of plaintiff that the policy can be realized upon. As written, the policy covers such goods only for which the plaintiff issues a receipt agreeing to effect insurance thereon for an agreed valuation.

Jurisdiction is predicated upon diversity of citizenship and the jurisdictional amount of three thousand dollars. The plaintiff *554 is a resident of California, the Insurance Company is a resident of Pennsylvania and the defendant customers are residents of California.…