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United States Fidelity & Guaranty Company v. John Deere Insurance Company

8/29/2002

arly, as named insureds under each policy, Al and Bert are entitled to uninsured motorist coverage from both USF&G;and John Deere. This rule has been adopted in other jurisdictions. See Allstate Ins. Co. v. Dairyland Ins. Co., 271 So. 2d 457 (Fla. 1972). Furthermore, the pro-ration of damages is not a foreign concept in Mississippi. In Allstate, this Court ordered on remand that the trial court pro-rate the responsibilities of the insurance companies. Allstate, 676 So. 2d at 275. Based on the foregoing reasons, I would affirm the trial court and find that the uninsured motorist policies in the case sub judice provided protection to Al and Bert on a co-primary basis.


McRAE, P.J., EASLEY AND GRAVES, JJ., JOIN THIS OPINION.






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