Madison v. Geico Gen. Ins. Co.


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Docket Number: 2009-CA-01723-COA

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

Additional Case Information: Topic: Insurance - Uninsured-motorist benefits - Statute of limitations - Section 15-1-49
Judge(s) Concurring: King, C.J., Irving, Griffis, Barnes, Ishee, Roberts and Carlton, JJ.
Non Participating Judge(s): Myers, P.J., and Maxwell, J.
Procedural History: Summary Judgment
Nature of the Case: CIVIL - INSURANCE

Trial Court: Date of Trial Judgment: 05-11-2009
Appealed from: Harrison County Circuit Court
Judge: Roger T. Clark
Disposition: SUMMARY JUDGMENT GRANTED FOR DEFENDANT/APPELLEE
Case Number: A2401-08417

  Party Name: Attorney Name:   Brief(s) Available:
Appellant: Bertha Madison




ALBEN NORRIS HOPKINS JR.



 
  • Appellant #1 Brief
  • Appellant #1 Reply Brief

  • Appellee: Geico General Insurance Company EDWARD C. TAYLOR, CHRISTOPHER HOWELL MURRAY  

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    Topic: Insurance - Uninsured-motorist benefits - Statute of limitations - Section 15-1-49

    Summary of the Facts: Ronnie Powell and Bertha Madison were driving in Gulfport when their vehicles collided. The car driven by Ronnie was owned and insured by his mother, Mary Powell. Ronnie informed Madison that he had no driver’s license and was uninsured. The parties led the police to believe that Mary was the driver of the vehicle driven by Ronnie. Thus, the accident report erroneously listed Mary as the driver. Madison filed a complaint in county court against Mary for negligence. The complaint stated that Mary was the driver of the vehicle. Ronnie’s name was not mentioned in the complaint. Mary filed an answer denying that she was the driver. Madison filed an amended complaint naming Ronnie as a defendant. The amended complaint alleged that Mary negligently entrusted the vehicle to Ronnie. It also alleged that Ronnie was the tortfeasor in fact. A default judgment was entered against Ronnie. Madison continued to pursue her case against Mary for negligent entrustment. The parties agreed to a settlement whereby Mary’s insurer would pay the policy limit of $10,000 based on Mary’s negligent entrustment of her vehicle to Ronnie. Madison filed a claim against Geico General Insurance Company under the provisions of her uninsured/underinsured-motorist coverage. Madison had been told that she would need surgery costing approximately $30,000 to $35,000. Geico moved for summary judgment which the court granted. Madison appeals.

    Summary of Opinion Analysis: A cause of action against an insurer for uninsured-motorist benefits is subject to a three-year statute of limitations in section 15-1-49. The issue in this case is when the statute of limitations began to run. The statute of limitations for an uninsured-motorist claim begins to run when it can be reasonably known that the damages suffered exceed the limits of insurance available to the alleged tortfeasor. The circuit court found that the statute of limitations began to run, at the latest, on November 30, 2004, the date the default judgment was entered against Ronnie. The circuit court reasoned that, at this point, Madison was aware of her damages and the default judgment was proof that Ronnie was uninsured. Madison argues that the statute of limitations began to run on July 29, 2008, when the settlement was reached with Mary’s insurance company. She argues that, until the settlement was reached, she had a reasonable uncertainty as to whether or not there was adequate insurance. At the time the default judgment was entered, Madison was pursuing a claim against Mary’s insurance company. However, Madison’s claim was not made through any insurance policy that covered Ronnie. Madison’s suit was based strictly on Mary’s negligent entrustment of her vehicle to Ronnie, who had no driver’s license and was specifically excluded by the insurance policy. Madison’s case against Ronnie concluded once the default judgment was entered against him naming him as a tortfeasor in fact. At this point, Madison was free to pursue Geico to recover under her own uninsured-motorist policy. The default judgment was entered on November 30, 2004. The suit against Geico was filed nearly four years later on September 26, 2008, outside the three-year statute of limitations.


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