Byrd v. Hutchinson


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Docket Number: 2003-CA-00241-COA
Oral Argument: 03-10-2004
 

 

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Court of Appeals: Opinion Link
Opinion Date: 06-29-2004
Opinion Author: KING, C.J.
Holding: Affirmed

Additional Case Information: Topic: Insurance - Underinsured motorist coverage - Section 83-11-101- Section 83-11-103(c)(iii)
Judge(s) Concurring: BRIDGES, P.J., THOMAS, LEE, IRVING, MYERS, CHANDLER AND GRIFFIS, JJ.
Non Participating Judge(s): SOUTHWICK, P.J.
Procedural History: Summary Judgment
Nature of the Case: CIVIL - INSURANCE

Trial Court: Date of Trial Judgment: 01-03-2003
Appealed from: Jackson County Circuit Court
Judge: Kathy King Jackson
Disposition: SUMMARY JUDGMENT GRANTED IN FAVOR OF NATIONWIDE GENERAL INSURANCE COMPANY.
Case Number: CI-2001-00363(1)

  Party Name: Attorney Name:   Brief(s) Available:
Appellant: THELMA R. BYRD




LEE E. YOUNG



 
  • Appellant #1 Brief
  • Appellant #2 Brief

  • Appellee: DAVID S. HUTCHINSON AND NATIONWIDE GENERAL INSURANCE COMPANY G. CHARLES BORDIS, ROGER T. CLARK, H. BENJAMIN MULLEN, KIMBERLY DAWN SAUCIER ROSETTI  
    Appellee #2:  

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    Topic: Insurance - Underinsured motorist coverage - Section 83-11-101- Section 83-11-103(c)(iii)

    Summary of the Facts: Thelma Byrd was riding as a passenger in a vehicle owned and operated by Mary Ellis when a collision occurred between Ellis' vehicle and a vehicle operated by David Hutchinson. Ellis had an automobile liability policy which included uninsured motorist coverage through Nationwide General Insurance Company. The policy provided for liability limits of $100,000 per occurrence and uninsured motorist limits in the amount of $50,000 per occurrence. Byrd owned no vehicle, and therefore did not have personal automobile insurance. Byrd filed a complaint alleging negligence against Ellis and Hutchinson and that the liability insurance policies carried by Ellis and Hutchinson were inadequate to fully compensate her for the injuries and damages she sustained. Nationwide filed a motion for summary judgment arguing that the Ellis vehicle was not an underinsured vehicle. The court granted the motion and provided that pursuant to M.R.C.P. 54, entry of the final judgment would be effective January 3, 2003, in favor of Nationwide General Insurance Company. Byrd appeals.

    Summary of Opinion Analysis: Byrd argues that unresolved issues of material fact made the court's grant of summary judgment premature. Byrd has not shown that the court applied the incorrect standard, or that the court lacked all necessary information to determine whether the Ellis vehicle was underinsured. Therefore, it was not error for the court to grant summary judgment. Byrd also argues that in a multi-vehicle collision, the question of underinsured motorist status should be determined by dividing the total amount of available insurance coverage by the total number of potential claimants. The Mississippi Supreme Court has consistently provided that, as set forth in sections 83-11-101 and 83-11-103©(iii), underinsured motorist coverage is determined solely by a comparison of the tortfeasor's liability coverage and the personal coverage carried by, or available to the injured party. The trial court properly applied this standard.


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