Brown v. Hartford Ins. Co.

606 So. 2d 122, 1992 WL 211957
CourtMississippi Supreme Court
DecidedAugust 31, 1992
Docket89-CA-628
StatusPublished
Cited by79 cases

This text of 606 So. 2d 122 (Brown v. Hartford Ins. Co.) is published on Counsel Stack Legal Research, covering Mississippi Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Brown v. Hartford Ins. Co., 606 So. 2d 122, 1992 WL 211957 (Mich. 1992).

Opinion

606 So.2d 122 (1992)

Helen BROWN and Eyvonne Ellis
v.
The HARTFORD INSURANCE COMPANY and Lisa Stubbs.

No. 89-CA-628.

Supreme Court of Mississippi.

August 31, 1992.

*123 Mark W. Davis, Davis & Emil, Gulfport, for appellant.

Lisa P. Dodson, Hopkins Dodson Wyatt & Crawley, Gulfport, for appellees.

Before DAN M. LEE, P.J., ROBERTSON and McRAE, JJ.

DAN M. LEE, Presiding Justice, for the court:

On May 18, 1989, the Circuit Court of Harrison County granted a summary judgment in this cause for the defendants, Hartford Insurance Company (hereafter Hartford), and its insured, Lisa Stubbs. The court further ordered the attorneys for plaintiffs, Helen Brown and Eyvonne Ellis, to pay one thousand dollars ($1,000.00) for sanctions and costs to Hartford. Feeling aggrieved, Brown and Ellis appeal, asserting four errors:

1. Appellants are entitled to recover under the uninsured motorist provisions *124 of the insurance policy issued by Hartford Insurance Company because the owner of the vehicle which caused the accident was known and uninsured.
2. Appellants are entitled to recover under the uninsured motorist provisions of the insurance policy issued by Hartford Insurance Company because the operator of the vehicle which caused the accident was known and uninsured.
3. Alternatively, Appellants are entitled to recover under the uninsured motorist provisions of the insurance policy issued by Hartford Insurance Company because the physical contact requirement of Section 83-11-103 of the Mississippi Code of 1972, Annotated, has been met.
4. The trial court erred in awarding sanctions to the Appellee pursuant to Rule 56 of the Mississippi Rules of Civil Procedure.

In the first two assignments of error, Brown and Ellis contend sufficient facts were placed in controversy to allow a factual finding that an identified and uninsured vehicle negligently turned in front of Ellis' vehicle, which was driven by Brown, and through this negligent act, caused Ellis' vehicle to collide with a third vehicle. In these two assignments of error, Brown and Ellis also contend that under both Mississippi statutory law, as well as Ellis' uninsured motorist coverage, Brown and Ellis could recover for damages they suffered in the automobile accident.

Having carefully considered the record and briefs, we hold Brown and Ellis put forth a legal theory upon which, if material and controverted facts were resolved in their favor, relief could be granted for the personal injuries suffered by Brown. Accordingly, we reverse and remand the entry of summary judgment. Because summary judgment was entered prior to trial, and the record before us consists only of pleadings and depositions, we pretermit consideration of the third assignment of error. Lastly, because the attorney for Brown and Ellis put forth a claim upon which relief could be granted, we reverse and render the Circuit Court's award of sanctions against them.

FACTS

On Wednesday, May 20, 1987, in Gulfport, Mississippi, Brown was driving an automobile which was owned by Ellis and insured by Hartford under a policy purchased by Ellis According to Brown's deposition, a grey and burgundy Lincoln turned onto the road and blocked the lane of traffic in which she was driving. She could not move to the lane on her left because a truck was alongside her, so she veered to avoid colliding with the Lincoln, which placed her in the path of oncoming traffic where she collided with another vehicle. As a result of the collision, Brown suffered some physical injury, however, the record contains little medical documentation going to the injury's severity. At the time of the accident, Ellis was not in her vehicle, and thus suffered only property damage to her automobile.

Two days following the accident, a private investigator located a Lincoln matching Brown's description of the car that caused the accident. Brown drove to where the Lincoln was parked, and she identified it as the vehicle that turned in front of her. After waiting a short time, Brown and the investigator saw Stubbs get into the car, whereupon they questioned her and learned the Lincoln belonged to Rev. Eugene Graham who lived in Wiggins, Mississippi. Stubbs denied having driven the Lincoln that caused the accident, and she denied having driven the Lincoln to Gulfport on any day other than the day she was questioned by Brown and the investigator.

Graham gave two conflicting affidavits. In his first affidavit, he stated Stubbs was driving the Lincoln on the coast during the day the accident occurred. He contradicted this statement in his second affidavit, and stated Stubbs had only driven one time. Neither Graham nor Stubbs carried automobile liability insurance at the time of the accident and, therefore, were uninsured motorists.

*125 ANALYSIS

A.

Under statutory law, as well as the contract involved in the case sub judice, uninsured motorist insurance covers damage to a guest of the insured when an accident occurs with an identified and uninsured vehicle.

Miss. Code Ann. Section 83-11-101(1) requires that all automobile insurance policies offer "an endorsement or provisions undertaking to pay the insured all sums which he shall be legally entitled to recover as damages for bodily injury or death from the owner or operator of an uninsured motor vehicle... . Miss. Code Ann. Section 83-11-101(2) requires a similar offer of coverage for property damage. Miss. Code Ann. Section 83-11-103(b) (1972) defines an "insured" as inter alia, "the named insured and ... a guest in such motor vehicle to which the policy applies... ." The statute also defines an "uninsured motor vehicle" as inter alia, "[a] motor vehicle as to which there is no bodily injury liability insurance... ." As we have often stated, when called upon to apply statutes to specific factual situations, we apply the statutes literally according to their plain meaning. Roberts v. Mississippi Republican Party State Executive Committee, 465 So.2d 1050, 1052 (Miss. 1985); Pearl River Valley Water Supply Dist. v. Hinds County, 445 So.2d 1330, 1332 (Miss. 1984); Brady v. John Hancock Mutual Life Insurance Co., 342 So.2d 295, 298 (Miss. 1977). Thus, under the applicable statutory law, when an automobile owner accepts the offer of uninsured motorist coverage, both he and his guests are insured for bodily and property damage arising from the negligent operation of an uninsured vehicle.

The insurance contract involved in the case sub judice included the following uninsured motorist coverage for bodily injuries:

A. We will pay damages which an insured is legally entitled to recover from the owner or operator of an uninsured motor vehicle because of bodily injury:
1. Sustained by and insured; and
2. Caused by an accident.

The owner's or operator's liability for these damages must arise out of the ownership, maintenance or use of the uninsured motor vehicle.

Any judgment for damages arising out of a suit brought without our written consent is not binding on us.
B. Insured as used in this Part means:
1. Your or any family member.
2. Any other person occupying your covered auto.
3.

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Cite This Page — Counsel Stack

Bluebook (online)
606 So. 2d 122, 1992 WL 211957, Counsel Stack Legal Research, https://law.counselstack.com/opinion/brown-v-hartford-ins-co-miss-1992.