Gunn v. Principal Cas. Ins. Co.

605 So. 2d 741, 1992 Miss. LEXIS 318, 1992 WL 118649
CourtMississippi Supreme Court
DecidedJune 3, 1992
Docket90-CA-0922
StatusPublished
Cited by11 cases

This text of 605 So. 2d 741 (Gunn v. Principal Cas. 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
Gunn v. Principal Cas. Ins. Co., 605 So. 2d 741, 1992 Miss. LEXIS 318, 1992 WL 118649 (Mich. 1992).

Opinion

605 So.2d 741 (1992)

Philip GUNN
v.
PRINCIPAL CASUALTY INSURANCE COMPANY.

No. 90-CA-0922.

Supreme Court of Mississippi.

June 3, 1992.
Rehearing Denied August 26, 1992.

Michael F. Myers, Steen Reynolds Dalehite & Currie, Jackson, for appellant.

Douglas R. Duke, Shell Buford Bufkin Callicutt & Perry, Jackson, for appellee.

En Banc.

ROBERTSON, Justice, for the Court:

I.

Today's appeal requires that we consider whether Plaintiff's father, mother and sister, none of whom prior to their deaths resided in the household with Plaintiff, were nevertheless "insureds" within the *742 uninsured motorist (UM) coverage of a policy Plaintiff held with the Defendant insurer. The Circuit Court held the father, mother and sister were not "relatives" within the meaning and contemplation of the policy and, therefore, that they were not "insureds," and entered judgment for Defendant.

We affirm.

II.

This civil action has its genesis in a weekend family reunion which the fates marked for unspeakable tragedy. Philip Gunn, Plaintiff below and Appellant here, was a student at the University of Mississippi School of Law nearing the close of the school year. His parents, Dewey Anthony Gunn and Linda B. Gunn, were in Oxford to visit their son, and with them was Philip's sister, Jana L. Gunn. On May 15, 1988, Jana Gunn was driving her father's 1985 Buick LaSabre automobile, in which his mother Linda and father Dewey were riding, when they were struck violently by Howard Eugene Hewlett, a negligent and uninsured motorist. The accident proved fatal to Dewey, Linda and Jana.

In the wake of these untoward events, Philip Gunn first asserted a claim on the uninsured motorist coverage of his father's automobile insurance policy and has recovered $200,000.00. The present record intimates Gunn may have brought "an action against General Motors Corporation and/or others based on the fact that the gas tank exploded after the collision," but we are given no further details, nor is the matter of consequence.

In the Spring of 1988, Philip Gunn owned a 1977 Chevrolet Caprice Classic, and, in connection therewith, Gunn held an automobile insurance policy with and through Principal Casualty Insurance Company, Defendant below and Appellee here. This policy included the customary uninsured motorist coverage, but provided for limits of liability in the amount of $50,000.00 per accident, a coverage in excess of that statutorily required. Gunn's 1977 Chevy was in no way involved in the fatal accident.

On January 25, 1990, Gunn commenced the present civil action by filing his complaint in the Circuit Court of Hinds County, First Judicial District, and claimed damages for the uninsured motorist-caused deaths of his father, mother and sister. He named Principal Casualty as the Defendant, exhibited the UM coverage on his policy, and demanded judgment in the amount of $50,000.00, together with interest and cost. Principal Casualty answered and denied coverage on grounds that the deceaseds — Dewey Gunn, Linda Gunn and Jana Gunn — were not insureds within the policy, for the reason they did not reside in the household of Philip Gunn, a fact all concede.

The matter came before the Circuit Court on cross-motions for summary judgment. On July 27, 1990, the Circuit Court held:

As a matter of law that the policy definition of the term "relatives" controls excluding coverage for relatives who do not live in the home of the named insured.

The Court denied Gunn's cross-motion for summary judgment but then granted Principal Casualty's motion and entered judgment summarily, dismissing finally Gunn's complaint with prejudice.

Gunn now appeals to this Court.

III.

The question before us is whether the legal word "relative" and, (hence, the legal word "insured") within the UM coverage of Gunn's policy on his 1977 Chevrolet Caprice includes his father, mother and sister when they are not residing in the same household with him.

The question calls for a reading of policy language, but, as all know by now, the meaning we may find is substantially affected by statute — our Uninsured Motorist Act. Miss. Code Ann. § 83-11-101 et seq. (Rev. 1991). By law, a UM insurer may not contract for coverage less than that statutorily required. State Farm Mutual Automobile Ins. Co. v. Nester, 459 So.2d 787, 789 (Miss. 1984); Talbot v. State Farm Mutual Automobile Ins. Co., 291 So.2d 699, 701 (Miss. 1974). On the other hand, we *743 have repeatedly recognized that the insurer may provide broader coverage than required by the Act. Brown v. Maryland Casualty Co., 521 So.2d 854, 855 (Miss. 1987); Pearthree v. Hartford Accident and Indemnity Co., 373 So.2d 267, 271 (Miss. 1979). In the end, we integrate the statute into the policy, Aetna Casualty & Surety Company v. Barker, 451 So.2d 731, 732 (Miss. 1984); United States Fidelity and Guaranty Co. v. Stafford, 253 So.2d 388, 391 (Miss. 1971), and give the legal text so assimilated the most coherent meaning its words may bear. See Webster v. Webster, 566 So.2d 214, 215 (Miss. 1990); Mississippi Insurance Guaranty Assn. v. Vaughn, 529 So.2d 540, 542 (Miss. 1988); McIntire v. Moore, 512 So.2d 687, 689 (Miss. 1987).

"Insured" and its component concept, "relative," have no natural law definition in uninsured motorist law. Wickline v. United States Fidelity and Guaranty Co., 530 So.2d 708, 714 (Miss. 1988). Meaning is a function of contract augmented and informed by statute. We begin with the language of the policy. Page one includes a section which defines words or terms used elsewhere. In relevant part, we find:

As used throughout this policy and shown in bold type:
.....
2. Relative means a person living in your home and related to you by blood, marriage or adoption. It includes a ward or foster child.

We then turn to the uninsured/underinsured motorist coverage, Endorsement No. 9902, and, under "INSURING AGREEMENT," find it provided:

"Insured person" as used in this endorsement means:
1. You or a relative.

The word "relative" does not appear in bold face, and Gunn seizes the point, as will presently appear.

As a general proposition, we seek common and ordinary meanings for words upon which rights turn. Wilson v. Wilson, 547 So.2d 803, 805 (Miss. 1989); National Fire Ins. Co. v. Slayden, 227 Miss. 285, 289, 85 So.2d 916, 917 (1956); cf. Miss. Code Ann. § 1-3-65 (1972). Gunn says the word "relative" as a matter of common and ordinary usage includes one's father, mother and sister and, accordingly, that each of these is an "insured" within his policy. But words such as "relative" may, by law, be restricted in scope or given a meaning other than or different from common and ordinary usage, see Davis v. State, 586 So.2d 817, 820 (Miss. 1991); Mississippi State Tax Commission v. Moselle Fuel Co., 568 So.2d 720, 723 (Miss. 1990); McLaurin v. Mississippi Employment Security Commission, 435 So.2d 1170, 1171-72 (Miss. 1983). Gunn concedes the premise, admitting that Principal Casualty could have restricted the definition of "relative" in the policy to persons residing in his home or household, arguing only that it has not done so.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Crum v. Johnson
809 So. 2d 663 (Mississippi Supreme Court, 2002)
Tina Crum v. Steve Johnson
Mississippi Supreme Court, 2000
Universal Underwriters Ins. Co. v. Ford
734 So. 2d 173 (Mississippi Supreme Court, 1999)
Delta Pride Catfish, Inc. v. Home Ins. Co.
697 So. 2d 400 (Mississippi Supreme Court, 1997)
Johnson v. Preferred Risk Auto. Ins. Co.
659 So. 2d 866 (Mississippi Supreme Court, 1995)
Spradlin v. State Farm Mut. Auto. Ins. Co.
650 So. 2d 1383 (Mississippi Supreme Court, 1995)

Cite This Page — Counsel Stack

Bluebook (online)
605 So. 2d 741, 1992 Miss. LEXIS 318, 1992 WL 118649, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gunn-v-principal-cas-ins-co-miss-1992.