Oaks v. Sellers

953 So. 2d 1077, 2007 WL 1080419
CourtMississippi Supreme Court
DecidedApril 12, 2007
Docket2006-IA-00005-SCT
StatusPublished
Cited by31 cases

This text of 953 So. 2d 1077 (Oaks v. Sellers) 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
Oaks v. Sellers, 953 So. 2d 1077, 2007 WL 1080419 (Mich. 2007).

Opinion

953 So.2d 1077 (2007)

Eddie OAKS, Brenda Oaks, Oaks Insurance Agency, Inc. and Desoto Insurance, Inc.
v.
Donald E. SELLERS.

No. 2006-IA-00005-SCT.

Supreme Court of Mississippi.

April 12, 2007.

*1078 Lara A. Coleman, David A. Barfield, Jackson, attorneys for appellants.

Charles Abbott, attorney for appellee.

EN BANC.

EASLEY, Justice, for the Court.

¶ 1. This is an interlocutory appeal concerning whether the Circuit Court of DeSoto County erred by denying a motion for summary judgment. On January 13, 2003, Donald Sellers (Sellers) filed suit against DeSoto Insurance, Inc. (DeSoto Insurance), Eddie Oaks (Oaks), Brenda Oaks (Brenda), and Oaks Insurance Company (Oaks Insurance), collectively "the Defendants" in the Circuit Court of DeSoto County, Mississippi. Sellers alleged that the Defendants, as his insurance agents, negligently breached the duties owed to him by failing to procure an umbrella insurance policy, for business and personal liability, in the amount of $1 million; and by negligently misrepresenting to Sellers that he had complete coverage including personal, umbrella liability coverage in the amount of $1 million. The Defendants filed a motion for summary judgment *1079 claiming that Sellers's claim was barred by the statute of limitations. The trial court conducted a hearing and later denied the Defendants' motion for summary judgment. Thereafter, the Defendants filed a petition for interlocutory appeal with this Court. On February 24, 2006, this Court granted the Defendants' petition for interlocutory appeal.

FACTS

¶ 2. In July 1993, Sellers sought complete insurance coverage, including coverage for his unincorporated business, Donnie's Amoco, located in DeSoto County, Mississippi, from the Defendant's. Oaks and Brenda, agents for DeSoto Insurance, obtained a business liability policy for $1 million and an umbrella insurance policy for up to $1 million. The policies were issued and underwritten by American States Insurance Company (American States). The umbrella insurance policy provided coverage for business liability only and not personal liability. The same policy was renewed by payment of the premiums.

¶ 3. On September 28, 1996, Eddie Sellers, Sellers's son, was involved in a motor vehicle collision in Tennessee while driving Sellers's car. Shane Thurman and his minor son, Dalton, were traveling in the vehicle with Eddie. As a result of this accident, Dalton was killed and Shane suffered serious injuries. Eddie was not working for his father at the time of the accident. Sellers's insurance policy was in full force and effect on the date of the accident.

¶ 4. Sellers notified the Defendants of the accident. Sellers requested that the Defendants file a claim with American States under his umbrella policy. The Defendants filed a loss notice and sent it to American States. On August 26, 1997, American States sent Sellers written notice denying his claim on the basis that the umbrella policy did not provide coverage to Sellers's son since Eddie was not acting in the course and scope of Sellers's business at the time of the accident.

¶ 5. Thereafter, Sellers and his son, Eddie, were named as party defendants in a Tennessee lawsuit concerning the collision. Sellers's automobile insurance carrier, State Farm Insurance Company, defended him in the Tennessee action based on theories of imputed liability. In January 2000, the Tennessee circuit court determined Eddie to be liable for the wrongful death of Dalton and the injuries suffered by Shane. The Tennessee circuit court also determined that Sellers had no imputed liability under the business purpose doctrine or the Tennessee Family Purpose doctrine.

¶ 6. The ruling of the Tennessee trial court was appealed. On February 16, 2001, the Tennessee Court of Appeals handed down an opinion which affirmed the trial court ruling that there was no business purpose. However, the Tennessee Court of Appeals reversed the trial court's ruling as to imputed liability. The appellate court held that Sellers was personally liable for the injuries caused by his son's negligence pursuant to the Tennessee Family Purpose doctrine. On October 8, 2001, the Tennessee Supreme Court denied certiorari, which made the Tennessee Court of Appeals's ruling final.

¶ 7. On January 13, 2003, following the denial of writ of certiorari, Sellers filed suit against the Defendants for failure to procure the requested insurance and failure to adequately explain the coverage. After the trial court denied the Defendants' motion for summary judgment on the basis of the statute of limitations, the Defendants filed their petition for interlocutory appeal. This Court granted interlocutory appeal and the Defendants now raise the following issue: whether the trial court *1080 erred by denying the Defendants' motion for summary judgment based on the expiration of the statute of limitations pursuant to Miss.Code Ann. § 15-1-49 (Rev. 2003).

DISCUSSION

¶ 8. This Court applies a de novo standard of review on appeal from a grant of summary judgment by the trial court. Russell v. Orr, 700 So.2d 619, 622 (Miss. 1997); Richmond v. Benchmark Constr. Corp., 692 So.2d 60, 61 (Miss.1997); Northern Elec. Co. v. Phillips, 660 So.2d 1278, 1281 (Miss.1995). Rule 56(c) of the Mississippi Rules of Civil Procedure provides that summary judgment shall be granted by a court if "the pleadings, depositions, answers to interrogatories and admissions on file, together with affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law." M.R.C.P. 56(c) (emphasis added). The moving party has the burden of demonstrating that there is no genuine issue of material fact, while the non-moving party should be given the benefit of every reasonable doubt. Tucker v. Hinds County, 558 So.2d 869, 872 (Miss.1990). "Issues of fact sufficient to require denial of a motion for summary judgment obviously are present where one party swears to one version of the matter in issue and another says the opposite." Id. In Simmons v. Thompson Mach. of Miss., Inc., 631 So.2d 798, 801 (Miss.1994) (emphasis added)(citing Shaw v. Burchfield, 481 So.2d 247, 252 (Miss.1985)), this Court held:

Of importance here is the language of the rule authorizing summary judgment `where there is no genuine issue of material fact.' The presence of fact issues in the record does not per se entitle a party to avoid summary judgment. The court must be convinced that the factual issue is a material one, one that matters in an outcome determinative sense . . . the existence of a hundred contested issues of fact will not thwart summary judgment where there is no genuine dispute regarding the material issues of fact.

The evidence must be viewed in the light most favorable to the non-moving party. See Northern Electric Co., 660 So.2d at 1281; Russell, 700 So.2d at 622; Richmond, 692 So.2d at 61; Simmons, 631 So.2d at 802; Tucker, 558 So.2d at 872.

¶ 9. To avoid summary judgment, the non-moving party must establish a genuine issue of material fact within the means allowable under the Rule. Richmond, 692 So.2d at 61 (citing Lyle v. Mladinich, 584 So.2d 397, 398 (Miss.1991)). "If any triable issues of fact exist, the lower court's decision to grant summary judgment will be reversed. Otherwise the decision is affirmed." Richmond,

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Bluebook (online)
953 So. 2d 1077, 2007 WL 1080419, Counsel Stack Legal Research, https://law.counselstack.com/opinion/oaks-v-sellers-miss-2007.