Reid v. Miss. Farm Bureau Casualty Ins. Co.


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Docket Number: 2009-CA-02040-COA
Linked Case(s): 2009-CA-02040-COA ; 2009-CT-02040-SCT

Court of Appeals: Opinion Link
Opinion Date: 12-14-2010
Opinion Author: Griffis, J.
Holding: Affirmed.

Additional Case Information: Topic: Insurance - Duty of agent
Judge(s) Concurring: King, C.J., Lee, P.J., Irving, Barnes, Ishee, Roberts, Carlton and Maxwell, JJ.
Non Participating Judge(s): Myers, P.J.
Procedural History: Stay for Arbitration
Nature of the Case: CIVIL - INSURANCE

Trial Court: Date of Trial Judgment: 11-20-2009
Appealed from: Lawrence County Circuit Court
Judge: Prentiss Harrell
Disposition: SUMMARY JUDGMENT GRANTED TO DEFENDANT
Case Number: 2008-254H

  Party Name: Attorney Name:  
Appellant: Susan Reid, Individually, and On Behalf of the Wrongful Death Beneficiaries of William Reid, Deceased




C. VICTOR WELSH III



 

Appellee: Mississippi Farm Bureau Casualty Insurance Company DALE GIBSON RUSSELL, ELLEN PATTON ROBB  

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Topic: Insurance - Duty of agent

Summary of the Facts: Susan Reid, individually and on behalf of the wrongful-death beneficiaries of William Reid, filed suit against Mississippi Farm Bureau Casualty Insurance Company, alleging that Farm Bureau underpaid uninsured-motorist benefits following William’s death, which resulted from a car accident caused by an underinsured negligent driver. The circuit court granted summary judgment in favor of Farm Bureau. Reid appeals.

Summary of Opinion Analysis: Susan argues that she is entitled to an additional $75,000 in UM coverage for three vehicles. She claims that, at the time she applied for coverage, the agent failed to adequately explain to her the costs, risks, and benefits of carrying UM coverage over and above the statutory minimum, and if he had explained that to her, she would have opted to carry the maximum amount of coverage. Since her policy provided $50,000 in liability coverage on each vehicle, that was the maximum amount of UM coverage allowed under the statute. However, Mississippi law does not require an insurance agent to explain the costs, risks, and benefits of carrying UM coverage over the statutory minimum. Because there was no duty, there are no fact issues that need to be resolved by trial.


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