Wooten v. Miss. Farm Bureau Ins. Co.
| Docket Number: | 2005-CA-00303-SCT Linked Case(s): 2005-CA-00303-SCT |
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| Supreme Court: |
Opinion Date: 10-27-2005 Opinion Author: Graves, J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Insurance - Medical payments provision Judge(s) Concurring: Smith, C.J., Waller and Cobb, P.JJ., Easley, Carlson, Dickinson and Randolph, JJ., Non Participating Judge(s): Diaz, J., |
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| Trial Court: |
Date of Trial Judgment: 12-01-2004 Appealed from: Marion Chancery Court Judge: Sebe Dale, Jr. |
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| Consolidated: Consolidated with 2003-CA-02457-SCT Bethany Wooten, a Minor, by and through Her Parents, Next Friends, and Guardians, Betty Wooten and Charles Wooten v. Mississippi Farm Bureau Insurance Company; Marion Chancery Court; LC Case #: 2003-0083-G-D; Ruling Date: 10/13/2003; Ruling Judge: Sebe Dale, Jr. | ||
| Note: | no link | |
| Party Name: | Attorney Name: | |||
| Appellant: | Bethany Wooten, a Minor, by and through Her Parents, Next Friends, and Guardians, Betty Wooten and Charles Wooten |
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| Appellee: | Mississippi Farm Bureau Insurance Company |
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Synopsis provided by:  If you are interested in subscribing to the weekly synopses of all Mississippi Supreme Court and Court of Appeals hand downs please contact Tammy Upton in the MLI Press office. |
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| Topic: | Insurance - Medical payments provision |
| Summary of the Facts: | On March 31, 2002, Bethany Wooten was injured during a two-car accident. At the time of the accident, Wooten was a permissive driver of the vehicle owned by her parents and insured under a policy issued by Mississippi Farm Bureau Insurance Company. Wooten was covered under the policy, which provided for $15,000 in medical payments coverage. Farm Bureau advised Wooten that it would not pay the bills for medical treatment which was not completed on or before March 31, 2003. This decision was based on language within the policy which stated that payment would be made on medical expenses incurred within one year from the date of accident. On March 31, Wooten filed a Complaint for Declaratory Judgment, seeking a declaration that the disputed provision of the payments policy be interpreted in a manner contrary to Farm Bureau’s reading of the policy. Farm Bureau filed its answer and moved for summary judgment. The chancellor granted summary judgment to Farm Bureau, and Wooten appeals. |
| Summary of Opinion Analysis: | Wooten argues that the court erred in determining that the phrase in Farm Bureau’s auto insurance policy was clear and unambiguous and that the court failed to consider the absence of the word “furnished” from the phrase in making this determination. An insurance agreement should be enforced as written, unless it is ambiguous. The plain, common sense meaning of the phrase “incurred within one year from the date of accident” may sensibly be interpreted to mean that the liability or duty of the insurance company to pay medical expenses may not extend beyond the limitation of one year from the date of the accident. With regard to Wooten’s argument concerning the absence of the word “furnished,” Wooten is procedurally barred from presenting this issue because initially in her Brief in Support of the Motion for Summary Judgment, Wooten stated that this issue should not be considered by the court. Although Wooten also argues public policy considerations, she has failed to provide any statutory provision or case law in support of a public policy argument. Absent any relevant statutory provisions or case law to support a public policy argument, this is an issue better suited for the Legislature. |
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