Van Meter v. Franklin Fire Ins.

This action was brought in the Superior Court of the State of Washington and was removed to the United States District Court because of diversity of citizenship.

Van Meter, Granning and Treece, appellants here, are individuals suing on a fire insurance policy, issued by the Franklin Fire Insurance Company, covering certain logging equipment. On the face of the policy the insurance covered the property only while in the State of Washington. The equipment was moved to Oregon and later Redding, California, where it was damaged by fire on October 3, 1945. Recovery for loss in the fire is sought. Reformation of the policy is asked upon the ground that the policy provisions restricting coverage to the State of Washington were inserted contrary to the common understanding and agreement which the contract was intended to state, and further, upon the ground that the defendants so conducted themselves since the issuance of the policy as to be estopped to apply the coverage restriction mentioned. A jury trial was requested by appellants and refused, and such refusal is claimed as error. At the close of the case the defendants moved to dismiss on the ground that the facts and the law failed…