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Mitchell v. United States Automobile Association of San Antonio12/5/2002
n occurrence of an unknown uninsured motorist. The insurer could have simply remedied the situation by having more explicit policy terms which did not limit the physical contact to hit and run instances. The insurance policy is a contract, and while the statute does provide for uninsured motorist coverage, its requirements do not limit contracting capabilities, provided the contract does not reduce the statutory mandates. Guardianship of Lacy v. Allstate Ins. Co., 649 So.2d 195 (Miss. 1995).
. Indeed, the trial court provided an insightful conclusion based on a practical application of the law:
This Court is loath to reach this conclusion. The result is horrendous. We have a plaintiff who was killed as the result of the actions of another driver who cannot provide insurance coverage since he fled the scene. Disinterested witnesses confirm the factual occurrences and there is no hint nor possibility of fraud. Denying plaintiff coverage in this case means that anyone finding themselves in a similar situation must, in order to be sure the insurance they have paid for will cover them, let themselves be hit by the offending driver of the other vehicle since every responsible driver in this area is well aware of the fact that almost no one in the Mid South area has insurance, or adequate insurance, on their car. Of course, then the responsible driver will be faced with a counter claim or criminal charges, if serious injuries result, for his failure to take the last clear chance to avoid the accident and mitigate damages. (emphasis added).
Understandably an insurer wants to guard against a false claim for uninsured motorist coverage when an insured has a one car accident yet claims another unknown driver caused the accident. However, in the instant case Garrett was a witness to the events that led to the accident, and both parties stipulated to his version of events. Therefore, fraud is not a concern in the case sub judice. It must be remembered that the insurer, USAA, drafted the policy. Policies are interpreted in favor of the insured, and insurance contracts "are to be construed strongly against the policy drafter." J&W;Foods Corp. v. State Farm Mut. Auto. Ins. Co., 723 So.2d 550 (Miss. 1998). While the statutorily mandated coverage cannot be diminished by policy language, there is nothing to stop coverage from being enhanced or expanded for the insured. Guardianship of Lacy, 649 So.2d at 197. The statute provids a more restrictive coverage than the USAA policy. However, USAA drafted the policy which provided the expanded coverage. Nelda proved that the requirements of Section C(1) and (2) were met; and therefore, she should not be denied the full benefit of coverage for which her now deceased husband prudently contracted with USAA. Accordingly, the uninsured motorist coverage of $600,000 should be awarded to Nelda, and the circuit court's judgment should be reversed and rendered.
McRAE, P.J., JOINS THIS OPINION.
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