Jeffcoat v. American National Property & Casualty Co.

919 So. 2d 982, 2005 Miss. App. LEXIS 421, 2005 WL 1498856
CourtCourt of Appeals of Mississippi
DecidedJune 21, 2005
DocketNo. 2003-CA-02466-COA
StatusPublished

This text of 919 So. 2d 982 (Jeffcoat v. American National Property & Casualty Co.) is published on Counsel Stack Legal Research, covering Court of Appeals of Mississippi primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Jeffcoat v. American National Property & Casualty Co., 919 So. 2d 982, 2005 Miss. App. LEXIS 421, 2005 WL 1498856 (Mich. Ct. App. 2005).

Opinion

GRIFFIS, J.,

for the Court.

¶ 1. Linda G. Jeffcoat appeals the Washington County Circuit Court’s grant of American National Property and Casualty Company’s motion for summary judgment. On appeal, Jeffcoat argues the trial court erred in finding that American National is entitled to an offset against its uninsured motorist coverage limits in the amount of liability benefits paid to its insured by the tortfeasor’s liability carrier. We find no error and affirm.

FACTS

¶ 2. On March 18, 2000, Linda Jeffcoat was involved in an automobile accident. Jeffcoat was operating an automobile owned by Patricia Montgomery, with Montgomery riding as a passenger, when they were struck by a vehicle owned and operated by Steven Duncan. Jeffcoat, who was injured, did not cause or contribute in any way to the accident. It is undisputed that Duncan was solely liable for the accident and subsequent damages.

' ¶ 3. Duncan had liability insurance coverage with State Farm Mutual Automobile Insurance Company in the amount of $25,000 per person and $50,000 per occurrence. State Farm voluntarily paid its $25,000 coverage limits to Jeffcoat, who released Duncan and State Farm from all claims, but reserved all claims as to all other parties.

¶ 4. Jeffcoat was insured pursuant to the uninsured motorist coverage of her own automobile policy issued by USAA, which provided underinsured motorist coverage in the amount of $600,000 after stacking for the two vehicles included in the policy. USAA voluntarily paid its $600,000 coverage to Jeffcoat and waived its right of subrogation. USAA did not claim an offset for the amount paid by State Farm. Jeffcoat was also insured pursuant to the underinsured motorist provision of a policy of insurance issued by American National to Montgomery, in the amount of $10,000 per person. Jeffcoat’s medical expenses, damages for permanent injuries, loss of wage earning capacity, and pain and suffering exceed $635,000.

¶ 5. American National filed a complaint for declaratory relief, contending that it was entitled to an offset of $25,000, which is the amount paid pursuant to Duncan’s liability coverage. American National argues that after off-setting Duncan’s liabili[984]*984ty payment of $25,000, American National is not responsible for and does not owe Jeffcoat any underinsured motorist coverage benefits under the American National policy. Subsequently, American National filed a motion for summary judgment, which was granted by the Circuit Court of Washington County. Aggrieved by the decision, Jeffcoat now appeals to this Court.

STANDARD OF REVIEW

¶ 6. This Court reviews the grant of summary judgment de novo. Coleman Powermate, Inc. v. Rheem Mfg. Co., 880 So.2d 329, 332(¶ 9) (Miss.2004). The burden of proving that no genuine issue of fact exists is on the non-moving party. Id. When there are no genuine issues of material fact and the movant is entitled to judgment as a matter of law, summary judgment is proper. Id.

ANALYSIS

¶ 7. Jeffcoat argues that the offset language in American National’s policy conflicts with the Uninsured Motorist Act as well as with the coverage language in the policy. The American National policy provides the following uninsured motorist coverage language:

We will pay damages for bodily injury which an insured person is legally entitled to recover from the owner or operator of an uninsured motor vehicle. The bodily injury must be caused by accident and result from the ownership, maintenance, or use of the vehicle.

¶ 8. The limits of liability section of the uninsured motorist coverage provisions of the subject American National policy provides as follows:

The limits of liability shown in the Declarations apply, subject to the following:
Amounts payable will be reduced by:
(1) A payment made by the owner or operator of the uninsured motor vehicle or organization which may be legally hable;
(2) A payment under the Liability Coverage of this policy; and
(3) A payment made or amount payable because of the bodily injury under any worker’s compensation law, disability benefits law or similar law.

¶ 9. There is no dispute that, pursuant to the American National policy, Jeffcoat was provided underinsured motorist coverage. The point of contention between the parties is American National’s right to offset.

¶ 10. This Court first examines the subject contract of insurance to determine whether offset is applicable and the extent of a carrier’s right to offset. City of Jackson v. Perry, 764 So.2d 373, 383(¶ 48) (Miss.2000); Fidelity and Guaranty Underwriters, Inc. v. Earnest, 699 So.2d 585, 588(¶ 12) (Miss.1997). In deference to the purposes of the Uninsured Motorist Act, this Court will reject a carrier’s offset language if it attempts to reduce the amount received by the uninsured motorist insured to less than the minimum uninsured motorist coverage required by statute or if it attempts to provide an offset for payments made to parties other than the injured uninsured motorist insured. Earnest, 699 So.2d at 589 (¶¶ 13,15).

¶ 11. In reviewing American National’s policy, an application of American National’s offset clause will not reduce the amount of bodily injury proceeds received by Jeffcoat to less than the minimum uninsured motorist coverage required by statute. Jeffcoat received $600,000 from USAA and has therefore already received far more than the minimum $10,000 contracted for and required by statute. Additionally, American National’s offset clause does not provide an offset for sums paid to parties other than Jeffcoat. Thus, based [985]*985on its policy language, it appears that American National is entitled to the claimed offset.

¶ 12. In State Farm Mutual Automobile Ins. Co. v. Kuehling, 475 So.2d 1159, 1163 (Miss.1985) (reversed on other grounds), the Mississippi Supreme Court first established the right of uninsured motorist carriers to offset uninsured motorist coverage by amounts paid by the tortfea-sor’s liability carrier if the uninsured motorist carrier’s policy language so provides. Kuehling incurred medical bills and lost wages totaling $11,382.90 as a result of an automobile accident caused by the negligence of Timothy Sparling. Id. at 1160— 61. Sparling had liability insurance of $10,000 which was paid to Kuehling. Id. at 1160. William Herring, who owned the car Sparling was driving, was uninsured. Id. Kuehling, apparently driving her own vehicle at the time of the accident, was insured by two separate policies issued by State Farm. Id. Each policy provided $10,000 uninsured motorist coverage for a total stacked uninsured motorist coverage of $20,000 per person. Id. State Farm paid Kuehling the maximum medical payments coverage of $5,000 and $10,000 of uninsured motorist coverage, all that State Farm claimed was due following offset of the $10,000 paid to Kuehling by Sparling’s liability carrier. Id. at 1161. Kuehling sued State Farm, claiming she was entitled to the full $20,000 stacked uninsured motorist per person limits, without' offset. Id.

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Related

Dixie Ins. Co. v. State Farm Mut. Automobile Ins. Co.
614 So. 2d 918 (Mississippi Supreme Court, 1992)
City of Jackson v. Perry
764 So. 2d 373 (Mississippi Supreme Court, 2000)
US Fidelity and Guar. Co. v. Ferguson
698 So. 2d 77 (Mississippi Supreme Court, 1997)
Coleman Powermate, Inc. v. Rheem Mfg. Co.
880 So. 2d 329 (Mississippi Supreme Court, 2004)
Fidelity & Guar. Underwriters, Inc. v. Earnest
699 So. 2d 585 (Mississippi Supreme Court, 1997)
Brown v. Maryland Cas. Co.
521 So. 2d 854 (Mississippi Supreme Court, 1987)
State Farm Mut. Auto. Ins. Co. v. Kuehling
475 So. 2d 1159 (Mississippi Supreme Court, 1985)
Nationwide Mut. Ins. Co. v. Garriga
636 So. 2d 658 (Mississippi Supreme Court, 1994)
Miller v. Allstate Ins. Co.
631 So. 2d 789 (Mississippi Supreme Court, 1994)

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Bluebook (online)
919 So. 2d 982, 2005 Miss. App. LEXIS 421, 2005 WL 1498856, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jeffcoat-v-american-national-property-casualty-co-missctapp-2005.