Erickson Refrigerated Transport v. Canal

This is an action to reform and recover upon an insurance policy issued by defendant Canal Insurance Company (hereinafter called Canal) covering one 1963 Hiway Reefer semitrailer in the name of Edward Dauthinais, against the peril of loss by theft, larceny, robbery or pilferage. Alleging that the trailer had been stolen near Kearney, New Jersey, while the policy was in force, plaintiff Erickson Transport Company (hereinafter called Erickson) made a claim for $6,958.97, the value of the trailer, asserting at the same time that it was entitled to have the policy reformed so as to insure itself, that is, to show Erickson Transport as the named insured. The trial court, sitting without a jury, has reformed the policy and rendered judgment in favor of Erickson in the amount of $6,128.49, with interest from the date of demand. Canal appeals. During the time here in question, there were several Erickson corporations which engaged in trucking and transport operations. Erickson Refrigerated Transport, Inc., was engaged in transporting refrigerated commodities; Erickson Motor was engaged in leasing truck equipment; and Erickson Transport, incorporated in Wisconsin, was engaged in tank truck operations. All of the corporations owned tractors and teailers. The trailer in question was owned by Erickson Transport, which held a Wisconsin certificate of title, but was leased to Erickson Refrigerated Transport. The certificate of title showed a lien in favor of the Citizens Bank of Springfield, Missouri.