Jackson v. State Farm Mut. Auto. Ins. Co.
| Docket Number: | 2001-CT-01683-SCT Linked Case(s): 2001-CA-01683-COA ; 2001-CT-01683-SCT ; 2001-CT-01683-SCT ; 2001-CT-01683-SCT ; 2001-CT-01683-SCT ; 2001-CT-01683-SCT ; 2001-CT-01683-SCT ; 2001-CT-01683-SCT ; 2001-CA-01683-COA ; 2001-CT-01683-SCT ; 2001-CT-01683-SCT |
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| Supreme Court: |
Opinion Date: 08-19-2004 Opinion Author: Smith, C.J. Holding: The Judgment of the Court of Appeals is Reversed and the Judgment of the Trial Court is Affirmed. |
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| Additional Case Information: |
Topic: Insurance - Notice to insurer - Statute of limitations - Section 15-1-49 - Prejudice suffered by insurer Judge(s) Concurring: Waller and Cobb, P.JJ., Easley, Carlson, Dickinson and Randolph, JJ. Non Participating Judge(s): Diaz, J. Dissenting Author : Graves, J. Procedural History: Summary Judgment Nature of the Case: CIVIL - INSURANCE Writ of Certiorari: Granted Appealed from Court of Appeals |
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| Trial Court: |
Date of Trial Judgment: 10-12-2001 Appealed from: Pearl River County Circuit Court Judge: Michael R. Eubanks Disposition: MOTION FOR SUMMARY JUDGMENT GRANTED Case Number: 98-0023 |
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| Note: | The supreme court found that there were no material facts in controversy and reversed the court of appeals. | |
| Party Name: | Attorney Name: | |||
| Appellant: | Rebecca L. Jackson and Gary Jackson |
LAMPTON O. WILLIAMS, JR. |
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| Appellee: | State Farm Mutual Automobile Insurance Company | BILLY W. HOOD JEFFREY G. PIERCE |
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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 - Notice to insurer - Statute of limitations - Section 15-1-49 - Prejudice suffered by insurer |
| Summary of the Facts: | While stopped in her car at an intersection, Rebecca Jackson was bumped from behind by the vehicle driven by John Bordelon. The car Rebecca was driving was insured with State Farm Mutual Automobile Insurance Co. in the name of her husband, Gary Jackson. The damage to the Jacksons' vehicle was described as two scratches, and Bordelon's insurance carrier ultimately paid $181 to repair the vehicle. The Jacksons did not notify State Farm about the accident. Rebecca went to the emergency room that evening complaining of neck pain and Xrays and a CAT scan were taken of her cervical spine. Rebecca and Gary hired an attorney to represent them against Bordelon. Just a few days before the statute of limitations would run, Rebecca and Gary filed their complaint against Bordelon and Ratcliff (Bordelon’s mother), seeking damages, which included compensation for Rebecca's personal injuries and personal disability, her past, present and future medical expenses, lost wages, and Gary's loss of consortium. In 2000, the Jacksons' attorney gave State Farm notice of the lawsuit filed in February 1998 and provided State Farm with a copy of the complaint. As part of its investigation of the claim, State Farm took Rebecca's sworn statement. In response to questions, Rebecca stated approximately 20 times that she could not remember facts and details relevant to the case. Following its investigation, State Farm concluded that the claim was time-barred pursuant to the Mississippi statute of limitations and that the Jacksons had failed to meet policy and statutory requirements concerning timely notice of claims and actions against the owner or operator of an underinsured vehicle and denied the Jacksons' claim. Five years and five months after the accident, the Jacksons filed their amended complaint adding State Farm as a defendant. State Farm filed a motion for summary judgment which the court granted. After the trial court entered the judgment of dismissal as to State Farm, the Jacksons appealed. The case was assigned to the Court of Appeals which held that disputes of material fact required the case to be reversed and remanded. The Supreme Court granted certiorari. |
| Summary of Opinion Analysis: | On the issue of timeliness of notice, the Court of Appeals determined that the obligation of timely notice could arise from the insurance policy and from statutes and that whether the insurer suffered prejudice due to delay is a question of fact. On the issue of the statute of limitations, the Court of Appeals held that if the Jacksons became, or should have become, aware of the shortfall in coverage under the tortfeasor's own policy more than three years before they joined State Farm in this litigation, their suit against State Farm fails but that the Court did not have sufficient evidence on this summary judgment to state that the issue is beyond factual dispute. The Court of Appeals also rejected the Jacksons' argument that no cause of action against the insurer accrues until there has been a denial of the claim by the insurer. The case of Harris v. American Motorist Ins. Co., 240 Miss. 262, 126 So.2d. 870 (1961) does not support the Court of Appeals’ conclusions but in fact, supports summary judgment. Contrary to the Court of Appeals’ holding, there are no questions of material fact in this case. Rebecca and Gary sued Bordelon on February 3, 1998, for Rebecca's "serious, permanent, painful and disabling injuries." The Jacksons’ contention that they were unaware of the extent of her injuries until her doctor filled out the check-the-box questions in November 1999, is clearly contrary to the evidence in the record. It is clear from the record that the Jacksons added State Farm to the suit more than three years after they knew the extent of Rebecca's injuries and knew the amount of Bordelon's insurance coverage. Therefore, their claims against State Farm are barred by the three-year statute of limitations, section 15-1-49. The record shows that Rebecca could not remember important facts and details regarding the claim, and the prejudice suffered by State Farm in this case is clear. |
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