Matter of Guardianship of Lacy

649 So. 2d 195, 1995 WL 25753
CourtMississippi Supreme Court
DecidedJanuary 19, 1995
Docket90-CA-01016
StatusPublished
Cited by13 cases

This text of 649 So. 2d 195 (Matter of Guardianship of Lacy) 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
Matter of Guardianship of Lacy, 649 So. 2d 195, 1995 WL 25753 (Mich. 1995).

Opinion

649 So.2d 195 (1995)

The Matter of the GUARDIANSHIP OF Steven LACY, a Minor:
Beverly Estep, Guardian
v.
ALLSTATE Insurance Company.

No. 90-CA-01016.

Supreme Court of Mississippi.

January 19, 1995.

*196 Robert J. Bresnahan, Meridian, for appellant.

Kenneth Watts, Grace Watts Mitts, Eppes Watts & Shannon, Meridian, for appellee.

EN BANC.

McRAE, Justice, for the Court:

INTRODUCTION

Steven Lacy, by his mother and guardian Beverly Estep, filed a complaint in the Circuit Court of Lauderdale County claiming benefits under uninsured motorist coverage stemming from a multi-vehicle collision. The negligent driver, William T. Rawls, had coverage which provided liability limits of $500,000.00 per person and $1,000,000.00 per accident with State Farm Mutual Insurance Company. All the occupants in the other vehicles in this collision, including the vehicle occupied by Lacy, had policies with uninsured motorist coverage which provided limits aggregating to $1,900,000.00. Lacy asserted that the uninsured motorist coverage applicable to all insured parties should be aggregated in order that the amount exceeds the liability coverage on the negligent vehicle, thus rendering the driver "uninsured" within the meaning of Miss. Code Ann. § 83-11-103 (Supp. 1987). Such would allow Lacy to recover from Allstate under his underinsured motorist coverage, two policies each in the amount of $25,000.00. Both parties submitted motions for summary judgment. The circuit court granted Allstate's motion for summary judgment, and Lacy raises the following issue on appeal:

I. IS A PASSENGER, WHO IS INJURED IN A MULTIPLE VEHICLE COLLISION AND WHO IS AN INSURED WITHIN HIS OWN UNINSURED MOTORIST COVERAGE, ENTITLED TO AGGREGATE ALL THE UNINSURED MOTORIST COVERAGE, WHICH IS APPLICABLE TO ALL THE OTHER INJURED PERSONS IN THE COLLISION, FOR THE PURPOSE OF DETERMINING THE UNDERINSURED/UNINSURED STATUS OF THE NEGLIGENT DRIVER?

Within this assignment of error, Lacy argues that in employing the liberal intent of Miss. Code Ann. § 83-11-103 (Supp. 1987), we must interpret the statute in the plural rather than the singular, the actual wording of the statute. Although this idea is novel, unfortunately, it appears the Legislature never considered multi-vehicle accidents involving multiple insureds when aggregating under uninsured motorist coverage. This issue is a legislative matter, and, perhaps, it should be reassessed in light of determining what constitutes an insured motorist when involved in a multi-vehicle accident involving multiple parties. Finding that we must construe Miss. Code Ann. § 83-11-103 (Supp. 1987) as written, we affirm the lower court's grant of summary judgment.

STATEMENT OF THE FACTS

Shortly after midnight on December 5, 1987, William T. Rawls was driving his 1986 Ford pick-up truck in a westerly direction in the eastbound lane of Interstate 20 in Rankin County, Mississippi. The Rawls vehicle collided with three vehicles traveling east on Interstate 20, driven by Brad Sims, Terry Barber and Mary Lynn Swift. Fourteen people were injured, and one individual was killed.

At the time of the accident, Rawls' truck was covered by a liability insurance policy with State Farm Mutual Insurance Company. It provided coverage of $500,000.00 per person and $1,000,000.00 per accident. The appellant Steven Lacy and nine other individuals injured in the collision were also covered by uninsured motorist policies. The aggregate amount of this uninsured motorist coverage was $1,900,000.00.

Steven Lacy was covered under his stepfather Chester Estep's Allstate Insurance policy which provided uninsured motorist coverage in the amount of $25,000.00 per accident for two vehicles, or a total of $50,000.00. Lacy stipulated that he was not an insured *197 under any other policy except his stepfather's policy with Allstate.[1]

All injured parties agreed to enter into a contract binding arbitration whereby the issues relating to the nature and extent of the damages were to be evaluated. The arbitrator determined Steven Lacy's damages to be $85,000.00. The total amount of damages for the liability carrier was assessed at $1,298,000.00. Because the total assessed damages exceeded the total amount of Rawls' liability coverage, each of the parties received a pro rata share of the funds available from the $1,000,000.00 State Farm Mutual Insurance Company policy and interest earned by investment over a period of six months in a money market certificate. Steven Lacy received $65,765.96 of his assessed $85,000.00.

Lacy alleged that Allstate was responsible for the $19,234.04 difference between his assessed damages and what he had received from his own uninsured motorist coverage. Further, he asserted that the uninsured motorist coverage applicable to all insured parties involved in the accident should be aggregated and, as such, the aggregated total would exceed the liability coverage on the adverse negligent vehicle, thus rendering the driver "uninsured" within the meaning of Miss. Code Ann. § 83-11-103 (Supp. 1987). Lacy would then be allowed to recover from Allstate under his uninsured motorist coverage policies totalling $50,000.00.

DISCUSSION OF LAW

I. IS A PASSENGER, INJURED IN A MULTIPLE VEHICLE AND INSURED WITHIN HIS OWN UNINSURED MOTORIST COVERAGE, ENTITLED TO AGGREGATE ALL THE UNINSURED MOTORIST COVERAGE, WHICH IS APPLICABLE TO ALL THE OTHER INJURED PERSONS IN THE COLLISION, FOR THE PURPOSE OF DETERMINING THE UNDERINSURED/UNINSURED STATUS OF THE NEGLIGENT DRIVER ACCORDING TO MISS. CODE ANN. § 83-11-103?

This underinsured motorist claim turns on the phrase "limits of bodily injury liability for its insured which are less than limits applicable to the injured uninsured motorist" found in the uninsured motorist statute, Miss. Code Ann. § 83-11-103 (Supp. 1987). This statute provides for "limits," but this Court has never defined that term. When only one individual claimant is involved, the limit would be that of the particular liability policy. However, when multiple claimants are presented in a scenario such as the case at hand, the determination of the limits of bodily injury liability is much more complex. We consider this proposition under the accepted principles of Miss. Code Ann. § 83-11-103 and the policies issued in accordance with the statute, which are (1) to liberally construe the statute in favor of the insured and (2) to strictly avoid or preclude exceptions or exemptions from coverage. Matthews v. State Farm Mutual Automobile Ins. Co., 471 So.2d 1223, 1225 (Miss. 1985).

Insurers may not use policy language to diminish coverage mandated by statute; however, they may enhance coverage.

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Bluebook (online)
649 So. 2d 195, 1995 WL 25753, Counsel Stack Legal Research, https://law.counselstack.com/opinion/matter-of-guardianship-of-lacy-miss-1995.