DiFrancesco v. Houston General Insurance Co.

OPINION

CHADICK, Justice.

An insurer, Houston General Insurance Company, as plaintiff, filed a declaratory judgment action followed by motion for summary judgment naming an insured, John DiFrancesco and DSS Partnership d/b/a DS & S Farms, as defendants. The partnership answered by general and specific denial, a counterclaim for reformation grounded upon mutual mistake and for general relief.

The controversy is the result of the parties’ conflicting constructions of a standard exclusion of a named driver endorsement to an automobile liability insurance policy. The policy, dated August 26,1989,…