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Brown v. Maryland Cas. Co., 521 So.2d 854

Facts

On May 3, 1984, Tracy Dee Brown was driving a 1978 Ford Fairlane with the consent of her father-in-law, Roy Brown, when she was involved in a fatal accident caused by the negligence of another driver, David Perry. The liability insurance from Perry's carrier paid $10,000 to the appellants, but the damages from the accident exceeded this amount. The insurance policy from Maryland Casualty Company covered two vehicles, each with $10,000 in uninsured motorist protection, leading the appellants to argue that they were entitled to stack the coverages for a total of $20,000.

On May 3, 1984, Tracy Dee Brown was driving a 1978 Ford Fairlane with the consent of her father-in-law, Roy Brown, when she was involved in a fatal accident caused by the negligence of another driver, David Perry. The liability insurance from Perry's carrier paid $10,000 to the appellants, but the damages from the accident exceeded this amount.

Issue

Whether a Class 2 occupancy insured is entitled to stack the coverages held by the named insured under his uninsured motorist policy.

Whether a Class 2 occupancy insured is entitled to stack the coverages held by the named insured under his uninsured motorist policy.

Rule

The uninsured motorist coverage of each policy of liability insurance is available to the injured insured until all sums which he shall be entitled to recover from the uninsured motorist have been recovered. The coverage is mandatory on the insurer and cannot be diminished by a provision in the policy.

The uninsured motorist coverage of each policy of liability insurance is available to the injured insured until all sums which he shall be entitled to recover from the uninsured motorist have been recovered. The coverage is mandatory on the insurer and cannot be diminished by a provision in the policy.

Analysis

The court analyzed the definitions of 'insured' and 'covered person' under the Mississippi Uninsured Motorist Act and the insurance policy. It concluded that since separate premiums were paid for the two vehicles, the appellants were entitled to stack the uninsured motorist coverages. The court emphasized that the statutory provisions and previous case law supported the notion that stacking should be permitted in this case.

The court analyzed the definitions of 'insured' and 'covered person' under the Mississippi Uninsured Motorist Act and the insurance policy. It concluded that since separate premiums were paid for the two vehicles, the appellants were entitled to stack the uninsured motorist coverages.

Conclusion

The Supreme Court reversed the lower court's judgment and rendered a decision in favor of the appellants, allowing them to stack the uninsured motorist coverages and awarding them $10,000 after applying the set-off from the liability insurance.

The Supreme Court reversed the lower court's judgment and rendered a decision in favor of the appellants, allowing them to stack the uninsured motorist coverages and awarding them $10,000 after applying the set-off from the liability insurance.

Who won?

Jerry Brown and Toni Brown prevailed in the case because the Supreme Court found that they were entitled to stack the uninsured motorist coverages based on the applicable law and the facts of the case.

Jerry Brown and Toni Brown prevailed in the case because the Supreme Court found that they were entitled to stack the uninsured motorist coverages based on the applicable law and the facts of the case.

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