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LUMBERMENS MUT. CAS. CO. v. PERCEFULL

Nos. 92-0637, 92-2492.

638 So.2d 1026 (1994)

LUMBERMENS MUTUAL CASUALTY COMPANY, a foreign corporation, and Reserve Life Insurance Company, a foreign corporation, as successor in interest and/or assignee of Professional Insurance Corporation, a Florida corporation, as successor in interest and/or assignee of Lumbermens Mutual Casualty, Appellants/Cross-Appellees, v. Kay C. PERCEFULL, as Guardian of the person and property of Rip Von Percefull, an incompetent, Appellee/Cross-Appellant.

District Court of Appeal of Florida, Fourth District.

June 22, 1994.

Attorney(s) appearing for the Case

Daniel M. Bachi, Shirley Jean McEachern, and Bard D. Rockenbach of Sellars, Supran, Cole, Marion & Espy, P.A., West Palm Beach, for appellants/cross-appellees.

Edward A. Perse of Perse, P.A. and Ginsberg, P.A., and Liggio & Luckman, P.A., Miami, for appellee/cross-appellant.

ON MOTION FOR REHEARING

WARNER, Judge.

We withdraw our previously published opinion and substitute the following in its stead:

Appellant Lumbermens Mutual Casualty Company challenges a trial court's declaratory final judgment finding insurance coverage in appellee's favor and awarding attorney's fees and costs. Because we find that the court erred in creating coverage under a waiver theory, we reverse.

Rip Von Percefull suffered organic...

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