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Grange Mutual Casualty Co. v. United States Fidelity & Guaranty Co.9/4/2003
NATURE OF THE CASE: CIVIL - INSURANCE
DISPOSITION: AFFIRMED - 09/04/2003
. Grange Mutual Casualty Company (Grange) appeals from a Hinds County Circuit Court order granting United States Fidelity & Guaranty Company ("USF&G;) summary judgment and requiring Grange to pay USF&G;contribution in the amount of $40,909. We find the trial judge correctly applied our case law in awarding summary judgment to USF&G; Accordingly, we affirm the trial court.
FACTS
. Chrisann Coker ("Chrisann") was involved in an accident while driving the vehicle of a friend. Two small children ran into the path of the vehicle; one was killed, and the other was injured. The vehicle was insured under a Farm Bureau liability policy with limits of $10,000 per person and $20,000 per accident. Chrisann was also insured, along with her mother and grandmother, under a policy from USF&G;with a limit of $300,000 per person. A third relevant policy was issued by Grange in the names of John and Kathy Coker ("John" and "Cathy"), Chrisann's father and stepmother. The limit of this policy is $250,000 per person. Each policy has a clause in which the insurer agrees to provide liability coverage only in excess of any other collectible insurance as to a vehicle not owned by the insured. Chrisann was 19 years old, i.e. a minor, at the time of the accident.
. USF&G;was notified of the accident on October 31, 1994. On May 18, 1995, the parents of the deceased child filed suit in Leflore County, Mississippi, seeking $1,000,000 in damages. Less than a week later, USF&G;sent a letter to Chrisann's grandmother telling her that coverage on vehicles owned by Chrisann's parents could apply to the subject claims. Chrisann's grandmother forwarded this letter to Chrisann's father, John; he received the letter on May 30, 1995. The next day, John faxed the letter to his agent with Grange. On or about June 3, 1995, Grange retained attorney Charles Sevier ("Sevier") to protect its interests and those of Chrisann. USF&G;offered the plaintiffs $100,000 to settle their claims on June 5, 1995; the plaintiffs refused. On June 27, 1995, USF&G;reached a tentative settlement agreement for $100,000, pending chancery court approval. On July 10, 1995, USF&G;received a letter from John and Cathy advising them that Grange was the Cokers' insurance carrier. A week later, USF&G;spoke with Grange's claims attorney and informed him that a tentative settlement had been reached. Over the next several months, Grange and USF&G;debated as to whether or not Grange was responsible for providing any liability coverage to Chrisann under its policy and whether it was responsible for contributing towards the settlement reached with the plaintiffs. On September 21, 1995, Grange's claims attorney wrote to USF&G;saying " f, after due consideration, this office reaches a conclusion that Chrisann Coker is an insured under her parents' policy, we have absolutely no objection to reimbursing USF&G;our appropriate share of the settlement[.]" On October 20, 1995, the Chancery Court of Leflore County approved the settlement. On December 13, 1995, Grange sent USF&G;a letter acknowledging that Chrisann Coker's principal residence on the date of the loss was with John and Cathy Coker. As such, she would qualify as an insured under that policy. However, on January 2, 1996, Grange voided a draft issued to USF&G;and refused to contribute towards the settlement. USF&G;filed this suit to force Grange to contribute to the settlement and was granted summary judgment. Aggrieved, Grange appeals to this Court.
STANDARD OF REVIEW
. This Court's standard of review regard
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