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United Services Automobile Association v. Stewart6/9/2005
NATURE OF THE CASE: CIVIL - INSURANCE
DISPOSITION: REVERSED AND REMANDED - 06/09/2005
EN BANC.
. United Services Automobile Association (USAA) appeals to us from the Forrest County Chancery Court's grant of summary judgment in favor of its deceased insured's wrongful death beneficiaries, thus denying USAA's request for a set-off based on the liability coverage provided by a third-party tortfeasor's insurance carrier. Finding that the chancellor incorrectly granted summary judgment in favor of the plaintiffs, we reverse the chancellor's judgment and remand this case for further proceedings.
FACTS AND PROCEEDINGS IN THE TRIAL COURT
. On April 20, 2002, Robert Earl Stewart (Robert) was killed while operating his 1999 BMW motorcycle south on Interstate 59 in Hattiesburg, Forrest County, Mississippi. In a later-filed complaint, Deborah C. Stewart, individually and on behalf of other wrongful death beneficiaries of Robert (hereinafter "Deborah"), alleged that Joseph Rowell's negligent operation of his motor vehicle was the sole proximate cause of the accident and Robert's death.
. Prior to his death, Robert had contracted with USAA to provide his automobile insurance. Under automobile policy number 01341-71-64U-7101-4 ("the policy"), USAA provided insurance coverage for five vehicles for the period from April 14, 2002, to October 14, 2002. Each vehicle had uninsured/underinsured motorists (UM/UIM) coverage in the amount of $10,000. USAA acknowledged that there was stacked UM/UIM coverage in the total amount of $50,000, but asserted that it was entitled to a set-off in the amount of the liability coverage under the Rowell insurance policy. Rowell was a minor who had coverage under a State Farm Insurance Company policy during the relevant time period, based on his parents' automobile policy number 2469-438-24H. This policy provided for liability coverage in the maximum amount of $25,000.
. On November 18, 2003, Deborah filed a Complaint for Declaratory Judgment in the Chancery Court of the First Judicial District of Hinds County pursuant to Miss. R. Civ. P. 57, arguing that USAA was not entitled to any "set-off" amount pursuant to the insurance policy purchased by Robert inasmuch as Deborah would not be "made whole" for Robert's death by the payment of the UM/UIM benefits in the amount of $50,000.
. Upon timely motion by USAA, Deborah's case was transferred to the Chancery Court of Forrest County. After USAA answered the complaint, Deborah filed a motion for summary judgment, arguing that USAA was not entitled to offset the amount of liability coverage that Rowell held on April 20, 2002. USAA also filed a motion for summary judgment and claimed that it was entitled to off-set the amount of Rowell's liability coverage.
. After a hearing the chancery court granted Deborah's motion for summary judgment and denied USAA's motion for summary judgment. Relying on this Court's decision in Hare v. State, 733 So. 2d 277 (Miss. 1999), where we adopted the "made whole" rule of subrogation, the chancery court found that USAA was not entitled to a set off in the amount of the liability coverage held by Rowell. The chancellor entered a final judgment pursuant to Miss. R. Civ. P. 54(b), and USAA timely appealed to us.
DISCUSSION
. The standard of review for summary judgment is well-established by this Court:
Rule 56(c) of the Mississippi Rules of Civil Procedure allows summary judgment where there are no genuine issues of material fact such that the moving party is entitled to judgment as a matter of law. To prevent summary judgment, the nonmoving party must establis
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