Commercial Union Assurance Co. v. Castile

Shaw, Judge:

This is an appeal from a circuit court order reforming an automobile liability insurance policy based on mutual mistake of fact. We affirm.

On or about November 9,1978, respondent — Anthony Castile traded his 1972 Chevrolet automobile for a 1977 Ford. At that time, Castile was in the U. S. Navy. Since the car was not being used, he allowed the insurance to lapse.

Upon learning he was to return to Columbia, South Carolina, Castile called his mother, Mrs. Ella Mae Castile, to ask her to obtain automobile insurance. Mrs. Castile testified she talked by telephone with Carroll Garris, an…