Glennon v. State Farm Mut. Auto. Ins. Co.

812 So. 2d 927, 2002 Miss. LEXIS 17, 2002 WL 59595
CourtMississippi Supreme Court
DecidedJanuary 17, 2002
Docket2000-CA-00999-SCT
StatusPublished
Cited by9 cases

This text of 812 So. 2d 927 (Glennon v. State Farm Mut. Auto. 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
Glennon v. State Farm Mut. Auto. Ins. Co., 812 So. 2d 927, 2002 Miss. LEXIS 17, 2002 WL 59595 (Mich. 2002).

Opinion

812 So.2d 927 (2002)

Jayne GLENNON and Marilyn B. Lashley
v.
STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY.

No. 2000-CA-00999-SCT.

Supreme Court of Mississippi.

January 17, 2002.
Rehearing Denied April 11, 2002.

*928 Skip Edward Lynch, Gautier, William Harvey Barton, Attorneys for Appellants.

Scott Corlew, John A. Banahan, Pascagoula, Attorneys for Appellee.

EN BANC.

COBB, J., for the Court.

¶ 1. Jayne Glennon and Marilyn B. Lashley were injured while driving to their job site in a vehicle owned by their employer, Rent-A-Maid. Glennon and Lashley each filed a complaint seeking declaratory judgment in the County Court of Jackson County, Mississippi, against State Farm Mutual Automobile Insurance Company (State Farm), alleging that they were entitled to stack the uninsured motorist (UM) coverage of Rent-A-Maid's three vehicles. The two complaints were later consolidated. Glennon and Lashley then filed a motion for partial summary judgment on the issue of stacking and State Farm filed its cross motion for summary judgment on the same issue. The county court granted summary judgment in favor of State Farm, holding that Glennon and Lashley met the definition of "insureds" only for the vehicle actually involved in the accident. Since they were not "insureds" for the other two vehicles owned by Rent-A-Maid and insured by State Farm that were not involved in the accident, they could not stack the UM coverage of those vehicles. Glennon and Lashley appealed to the Jackson County Circuit Court, and the circuit court affirmed the county court's decision. Aggrieved by the circuit court's decision, Glennon and Lashley timely filed their notice of appeal raising the following two issues:

I. CAN AN EMPLOYEE WHO WAS INJURED WHILE DRIVING HER EMPLOYER'S AUTOMOBILE ON COMPANY BUSINESS STACK HER EMPLOYER'S UNINSURED MOTORIST COVERAGE?
II. IS A PERMISSIVE USER CONSIDERED A CLASS I INSURED GIVING HIM THE RIGHT TO STACK?

*929 Finding no error in the circuit court's judgment, we affirm.

FACTS

¶ 2. On August 9, 1995, Casey York fell asleep while behind the wheel of his vehicle and struck a 1988 Isuzu owned by Rent-A-Maid. The Isuzu was occupied by Jayne Glennon and Marilyn Lashley, two Rent-A-Maid employees traveling to a job site. Both employees suffered serious injuries, with Glennon having incurred more than $ 15,000 in medical bills and Lashley more than $30,000 in medical bills by the time of the circuit court hearing, in addition to lost wages.

¶ 3. At the time of the accident, York had liability insurance in the amount of $25,000 per person. Glennon and Lashley were each covered by their own personal UM policies in the amount of $10,000 each. Rent-A-Maid, through State Farm, had UM coverage in the amount of $25,000 per person, for the accident vehicle. There were two other similar State Farm policies for two other vehicles owned by Rent-A-Maid.

¶ 4. Soon after the accident, York tendered the full amount of his liability coverage, $25,000 each to Glennon and Lashley. Glennon and Lashley each received $10,000 from their respective personal UM providers. State Farm tendered $10,000[1] to each of them as well, as UM coverage for the accident vehicle, but refused to stack the coverage of the two non-accident vehicles.

STANDARD OF REVIEW

¶ 5. Upon review of the grant of summary judgment by a trial court, this Court employs a de novo standard of review. Travis v. Stewart, 680 So.2d 214, 216 (Miss.1996). The proponent of a summary judgment bears the burden of showing that there is no genuine issue of material fact and that he is entitled to judgment as a matter of law. M.R.C.P. 56(c); Collier v. Trustmark Nat'l Bank, 678 So.2d 693, 696 (Miss.1996). The non-movant may not defeat the motion merely by responding with general allegations, but must set forth in an affidavit or otherwise, specific facts showing that issues exist which necessitate a trial. Drummond v. Buckley, 627 So.2d 264, 267 (Miss.1993). After viewing evidentiary matters in a light most favorable to the nonmoving party, this Court can only reverse the decision of the trial court if triable issues of fact exist. Travis, 680 So.2d at 216.

ANALYSIS

I. CAN AN EMPLOYEE WHO WAS INJURED WHILE DRIVING HER EMPLOYER'S AUTOMOBILE ON COMPANY BUSINESS STACK HER EMPLOYER'S UNINSURED MOTORIST COVERAGE?

¶ 6. The main argument of Glennon and Laskey is that this Court has created a subclass within UM Class II insureds; namely, employees driving company vehicles. They claim that this Court has never disallowed stacking by a Class II employee. State Farm responds that the decisive factor is whether the UM coverage for the separate vehicles is on one or multiple policies. State Farm argues that this Court has never allowed a Class II insured, employee or otherwise, to stack the UM coverage from multiple policies of the named insured.

¶ 7. A review of this Court's uninsured motorist cases reveals that coverage was *930 first created in 1956 by the automobile insurance industry in an effort to alleviate some of the problems being created by an increasing number of uninsured motorists. Rampy v. State Farm Mut. Auto. Ins. Co., 278 So.2d 428, 431-32 (Miss.1973). A decade later, the Mississippi Uninsured Motorist Act was enacted, mandating that all insurance policies issued after January 1, 1967, must include UM coverage, unless specifically rejected by the insured in writing. Miss.Code Ann. §§ 83-11-101 to 111(1999). A 1980 amendment to the Act added the concept of underinsured motor vehicles to the definition of "uninsured motor vehicle." Miss.Code Ann. § 83-11-103(c)(iii)(1999). An underinsured vehicle is one in which the "liability insurer of such vehicle has provided limits of bodily injury liability for its insured which are less than the limits applicable to the injured person provided under his uninsured motorist coverage." Id.

¶ 8. This Court has long recognized the remedial purpose of the UM Act and has stated that it "must be construed in light of the purpose and policy of the statute... [it was] enacted for the benefit of injured persons traveling on the public highways ... to give the same protection to the person injured by an uninsured motorist as he would have had if he had been injured in an accident caused by an automobile covered by a standard liability policy." Rampy, 278 So.2d at 432. "Such provisions are to be liberally construed to accomplish such purpose." Id. To further this stated purpose, the idea of allowing an injured party to stack UM policies in order to obtain complete restitution emerged.

¶ 9. In 1971, this Court first permitted stacking of UM policies, holding that "the uninsured motorists coverage of each policy is available to the injured insured until all sums which he shall be entitled to recover from the uninsured motorist have been recovered." Harthcock v. State Farm Mut. Auto. Ins. Co., 248 So.2d 456, 461-62 (Miss.1971). However, this Court soon noted that the "statute creates two distinct classes of insureds with different coverage accruing to each class." Stevens v. United States Fid. & Guar. Co., 345 So.2d 1041, 1043 (Miss.1977).

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Bluebook (online)
812 So. 2d 927, 2002 Miss. LEXIS 17, 2002 WL 59595, Counsel Stack Legal Research, https://law.counselstack.com/opinion/glennon-v-state-farm-mut-auto-ins-co-miss-2002.