SAMUELS v. STATE FARM MUT. AUTO. INS. CO.

No. 2006-C-0034.

939 So.2d 1235 (2006)

Mark SAMUELS, Individually and on Behalf of his Minor Children, Geoffrey Samuels, Eric Samuels and Naomi Samuels and Madilyn Samuels v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, State Farm Fire & Casualty Insurance Company, Evanston Insurance Company and Alvin Samuels.

Supreme Court of Louisiana.

October 17, 2006.


Attorney(s) appearing for the Case

Porteous, Hainkel & Johnson, C. Gordon Johnson, Jr., Nicholas C. Gristina, New Orleans, for Applicant.

Deutsch, Kerrigan & Stiles, Joseph L. McReynolds, Kristen M. Baumer, Robert E. Kerrigan, Jr., New Orleans, Nowalsky, Bronston & Gothard, Edward P. Gothard, Metairie, for Respondent.


VICTORY, J.

The issue in this insurance policy dispute is whether, where an insurance agent makes a clerical error on the declarations page of a policy, the policy can be reformed to reflect the true intent of the parties. After reviewing the record and the applicable law, we hold that, under the facts and circumstances of this case, the error can be corrected to reflect the mutual intent of the parties. Accordingly, we affirm the judgment of the court of appeal....

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