FEDERAL INS. CO. v. DONOVAN INDUSTRIES

No. 2D10-5767.

75 So.3d 812 (2011)

FEDERAL INSURANCE COMPANY, Indiana corporation, Appellant, v. DONOVAN INDUSTRIES, INC., a Florida corporation, Appellee.

District Court of Appeal of Florida, Second District.

December 7, 2011.


Attorney(s) appearing for the Case

Raquel Fernandez of Cozen O'Connor, Miami, and William P. Shelley and Andrea Cortland , of Cozen O'Connor, Pro Hac Vice, Philadelphia, Pennsylvania, for Appellant.

Robert J. Winicki and Debbie K. Winicki of Winicki Law Firm, P.A., Jacksonville, for Appellee.


WHATLEY, Judge.

Federal Insurance Company appeals a declaratory judgment determining that coverage exists for a claim filed by Michael Schneck against its insured, Donovan Industries, Inc., for injuries he sustained while using an exercise ball sold by Donovan. We reverse because the trial court's findings of undisputed fact support reformation of the parties' commercial liability insurance policy based on mutual mistake to reflect that exercise balls were excluded...

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