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Meyers v. Mississippi Insurance Guaranty Association6/19/2003
DATE OF JUDGMENT: 12/3/2001
NATURE OF THE CASE: CIVIL - PERSONAL INJURY
DISPOSITION: AFFIRMED - 06/19/2003
EN BANC.
. This appeal arises from the Circuit Court of Jackson County, Mississippi. Summary judgment was granted in favor of Mississippi Insurance Guaranty Association, against Daniel Meyers, regarding the applicability of general commercial liability coverage for injuries sustained in an automobile accident. Coverage for bodily injury sustained from the use of an automobile is excluded under the policy. Meyers pleaded various theories of negligence preceding the accident as proximately causing his injuries and damages, and argues that the automobile use exclusion does not apply to bar coverage under those theories.
FACTS
. This action arises from an automobile accident. On January 10, 1995, Daniel Meyers, a twenty-three year old certified public accountant, was rendered a quadriplegic as a result of a collision with a tractor-trailer truck on Highway 63 in Jackson County, Mississippi. As was admitted during the course of litigation, the driver of the tractor-trailer truck improperly turned into Meyers's lane of traffic, thus, causing the collision.
. The truck was driven by Alvin Clifton (Driver), owned by Brandi and Suzette Trucking Company (B&S;, and operated by Odyssey Services of Mississippi, Inc. (Odyssey) which hired drivers for and managed B & S's trucking operations. The driver therefore was an Odyssey employee.
. Meyers filed a negligence action against B&S;and the driver to recover damages resulting from Meyers's injuries. Through discovery, Meyers learned that Odyssey hired the driver in violation of its hiring standards. Meyers filed an amended complaint against Odyssey alleging negligent management; failure to have in place a safety program; failure to provide or adequately provide safety training to employees; failure to have adequate hiring procedures and guidelines; and failure to follow and enforce the hiring procedures and guidelines that were in place, all of which were alleged to have contributed to the proximate cause of Meyers's injuries.
. B & S and Odyssey each had an automobile liability policy and a general commercial liability (GCL) policy covering liabilities for matters other than automobile accidents. B & S had its auto policy through Canal Insurance Company (Canal), with a $1 million policy limit, and a $1million GCL policy with Aetna. Odyssey had its auto policy with Farmer's Insurance Exchange (Farmers), with a $500,000 liability limit per person, and a $1 million GCL policy with Credit General Insurance Company (Credit General).
. After the suit was filed, Odyssey put its insurance carriers on notice and demanded a defense and indemnity of Meyers's claims. Both B&S;and Odyssey were defended by their respective auto liability carriers, Canal and Farmers; but Aetna and Credit General, the respective GCL carriers took no action.
. B&S;and Odyssey entered into agreed judgments whereby their liability for Meyers's injuries and damages (including the negligent management of the trucking business) was stipulated and wherein there was a finding and order of the court adjudicating that B&S;and Odyssey were negligent for hiring an employee who did not qualify for employment with B&S;and Odyssey, and whose negligence therefore was a contributing cause of the accident and Meyers's injuries and damages. B&S;and Odyssey assigned all claims that they may have had against each other and their respective insurers, including Credit General and Aetna, arising from the subject accident, to Meyers.
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