60 Iowa 497 | Iowa | 1883
Whether tbe plaintiffs were entitled to a reformation of tbe policy, so far as tbe description of tbe property is concerned, we need not determine. Tbe case will turn upon other questions. It appears to us tbat insuperable obstacles stand in tbe way of any recovery by either of tbe plaintiffs, and would, if tbe property destroyed bad been described in tbe policy as tbe property insured.
But waiving this objection, we have still to determine whether the facts are such as to entitle him, by reformation of the policy, to be made a party to it. If be contracted for tbe insurance, and tbe intention was to insert bis name in tbe policy as tbe insured, and by mistake tbe name of W. E. Baldwin was inserted, tbe way would seem to be clear to reform tbe policy by tbe insertion of E. T. Baldwin’s name as tbe insured, in tbe place of tbat of W. E. Baldwin, and give E. T. Baldwin a right of recovery. But tbe evidence shows conclusively tbat W. E. Baldwin contracted for tbe insurance, and paid for it, and tbat bis name was purposely inserted in tbe policy as tbe insured. There never was any understanding on the part of any one tbat E. T. Baldwin’s
We come then to inquire whether W. E. Baldwin can recover. He certainly cannot recover for his own benefit. It is conceded that he did not suffer by the loss, and has no beneficial interest in the policy.
Affirmed.