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675
San Miguel Brewery vs. Law Union and Rock Insurance Co.
STREET, J.:
676
677
678
679
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8/22/2018 PHILIPPINE REPORTS ANNOTATED VOLUME 040
VOL. 40, JANUARY 19, 1920 679
San Miguel Brewery vs. Law Union and Rock Insurance Co.
680
that the policy should be written exactly as it was. Said the court: "If
the applicant correctly states his interest and distinctly asks for an
insurance thereon, and the agent of the insurer agrees to comply with
his request, and assumes to decide upon the form of the policy to be
written for that purpose, and by mistake of law adopts the wrong
form, a court of equity
681
"If by inadvertence, accident, or mistake the terms of the contract were not
fully set forth in the policy, the plaintiff is entitled to have it reformed."
682
interest in the property less than that agreed to be insured. The written
agreement did not effect that which the parties intended. That a court of
equity can afford relief in such a case, is, we think, well settled by the
authorities." (Smell vs. Atlantic, etc., Ins. Co., 98 U. S., 85, 89; 25 L. ed.,
52.)
none other was offered—that the parties intended for the policy to
cover the risk of the owner in addition to that of the mortgagee. It
results that the defendant Harding is not entitled to relief in any
aspect of the case.
The judgment is therefore affirmed, with costs against the
appellant. So ordered.,
Judgment affirmed.
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