Wachtler v. State Farm Mut. Auto. Ins. Co.
| Docket Number: | 2001-CA-01839-SCT | |
| Supreme Court: | Opinion Link Opinion Date: 01-16-2003 Opinion Author: Carlson, J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Insurance - Uninsured motorist benefits - Section 83-11-101(1) - Legally entitled to recover - Exclusivity of Workers' Compensation Act Judge(s) Concurring: Pittman, C.J., Smith, P.J., Waller, Cobb and Graves, JJ. Dissenting Author : McRae, P.J. EASLEY, J., CONCURS IN PART AND DISSENTS IN PART WITHOUT SEPARATE WRITTEN OPINION. McRAE, P.J., Dissent Joined By : McRAE, P.J. Dissenting Author : Diaz, J. Dissent Joined By : McRae, P.J. Concur in Part, Dissent in Part 1: Easley, J., Concurs in Part and Dissents in Part Without Separate Written Opinion Procedural History: Summary Judgment Nature of the Case: CIVIL - INSURANCE |
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| Trial Court: |
Date of Trial Judgment: 11-21-2001 Appealed from: Hancock County Circuit Court Judge: Stephen Simpson Disposition: Granted summary judgment to the Appellee. Case Number: 00-396 |
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| Note: | PITTMAN, C.J., SMITH, P.J., WALLER, COBB AND GRAVES, JJ., CONCUR. McRAE, P.J., DISSENTS WITHOUT SEPARATE WRITTEN OPINION. EASLEY, J., CONCURS IN PART AND DISSENTS IN PART WITHOUT SEPARATE WRITTEN OPINION. DIAZ, J., DISSENTS WITH SEPARATE WRITTEN OPINION JOINED BY McRAE, P.J. | |
| Party Name: | Attorney Name: | |||
| Appellant: | Robert E. Wachtlery |
BEN F. GALLOWAY |
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| Appellee: | State Farm Mutual Automobile Insurance Company | JAMES F. STEEL |
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| Topic: | Insurance - Uninsured motorist benefits - Section 83-11-101(1) - Legally entitled to recover - Exclusivity of Workers' Compensation Act |
| Summary of the Facts: | Robert Wachtler, an employee of the City of Waveland, was struck by a city truck operated by Kevin Gillum, Wachtler's co-employee. Wachtler asserted a workers' compensation claim against the City of Waveland and also asserted a claim against State Farm, his personal insurer, for uninsured motorist coverage under two family policies. State Farm denied Wachtler's claims. State Farm filed a complaint seeking declaratory relief. State Farm then filed a motion for summary judgment which the court granted. Wachtler appeals. |
| Summary of Opinion Analysis: | Wachtler argues that his claim for uninsured motorist benefits for his work-related injury is not barred by the exclusive remedy provision of the Workers' Compensation Act. In Medders v. United States Fidelity & Guaranty Co., 623 So. 2d 979 (Miss. 1993), the Supreme Court held that the clear meaning of "legally entitled to recover" as stated in section 83-11-101(1), the uninsured motorist statute, limited the scope of coverage to those instances where the insured would be entitled at the time of the injury to recover through legal action. Therefore, the exclusivity provision of the Workers' Compensation Act bars Wachtler from recovering any damages from his co-employee, and he is not entitled to recover UM benefits from his personal insurer. |
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