Travelers Prop. Cas. Corp. v. Stokes


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Docket Number: 2001-IA-00089-SCT

Supreme Court: Opinion Link
Opinion Date: 02-20-2003
Opinion Author: Easley, J.
Holding: Reversed and Rendered

Additional Case Information: Topic: Insurance - Uninsured motorist coverage - Waiver of insurance - Section 83-11-101(1)
Judge(s) Concurring: Pittman, C.J., Smith, P.J., Waller, Cobb and Carlson, JJ.
Dissenting Author : McRae, P.J.
Procedural History: Interlocutory Appeal
Nature of the Case: CIVIL - INSURANCE

Trial Court: Date of Trial Judgment: 12-15-2000
Appealed from: Madison County Circuit Court
Judge: John Kitchens
Disposition: Denied Travelers's motion for summary judgment and request for declaratory relief.
Case Number: 98-0119

  Party Name: Attorney Name:  
Appellant: Travelers Property Casualty Corp.




HUGH GILLON, IV



 

Appellee: Teresa Stokes TYLVESTER OTIS GOSS BRYANT DONLEVY GUY  

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Topic: Insurance - Uninsured motorist coverage - Waiver of insurance - Section 83-11-101(1)

Summary of the Facts: While operating a school bus in the course and scope of her employment at Friends of Children of Mississippi, Teresa Stokes was involved in an accident with an uninsured motorist, Daniel Hodge. Stokes sued Travelers Property Casualty Corporation, FCM's automobile insurance carrier, seeking UM coverage. Travelers filed a motion for summary judgment which the court denied. Travelers was granted an interlocutory appeal.

Summary of Opinion Analysis: Section 83-11-101(1) provides that uninsured motorist coverage shall not be applicable where any insured named in the policy shall reject the coverage in writing and provided further, that unless the named insured requests such coverage in writing, such coverage need not be provided in any renewal policy where the named insured had rejected the coverage in connection with a policy previously issued to him by the same insurer. Although Stokes argues that the statute requires that the written waiver be maintained by the insurance company, the statute only requires a written waiver rejecting the UM coverage in connection with the issuance of a policy. Sworn affidavits provided by the Deputy Director of FCM and the insurance agent for Statewide indicated that FCM rejected UM coverage under the Travelers policy. Since FCM did not have UM coverage under the Travelers policy at the time of this accident, there is no genuine issue of material fact, and the motion for summary judgment should have been granted.


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