USAA CAS. INS. CO. v. THREADGILL

Nos. 98-0102, 98-0431.

729 So.2d 476 (1999)

USAA CASUALTY INSURANCE COMPANY, also improperly known as USAA Property & Casualty Insurance, Appellant, v. Crista Marie THREADGILL, a minor, by and through her parents, Charles and Gricelda Threadgill, and Caitlin Threadgill, a minor, by and through her parents, Charles and Gricelda Threadgill, Charles Threadgill and Gricelda Threadgill, individually, Jeffrey Alton Lacey, and Malcolm B. Mackintosh, Appellees.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied April 30, 1999.


Attorney(s) appearing for the Case

Betsy E. Gallagher of Gallagher & Howard, Tampa, and Richard J. Suarez of Hardeman & Suarez, P.A., Miami, for appellant.

Richard A. Kupfer of Richard A. Kupfer, P.A., and William J. McAfee of Wagner, Johnson & McAfee, P.A., West Palm Beach, for Appellees-Crista Marie Threadgill, Charles Threadgill, Gricelda Threadgill, and Caitlin Threadgill.

Thomas R. Shahady of Houston & Shahady, P.A., Fort Lauderdale, for Appellee-Malcolm B. Mackintosh.


GROSS, J.

The trial court in this case granted summary judgment in favor of the insured on the insurance company's action to reform an insurance policy. We affirm, because the record does not demonstrate the existence of a mutual mistake sufficient to justify reformation.

Since 1994, appellee Malcolm Mackintosh was the named insured under an automobile liability policy issued by appellant USAA Casualty Insurance Company ("USAA"). In November, 1995, his car...

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