Reseña de State Farm Mutual Automobile Insurance Company v. Susan T. Kuehling

State Farm Mutual Automobile Insurance Company v. Susan T. Kuehling de Supreme Court of Mississippi Resumen del Libro

The issue of this appeal is whether underinsured motorist coverage of an insurance company may require offset for payments of the tortfeasors liability carrier. The answer turns upon an interpretation of the Mississippi Uninsured Motorist Act and the construction of the parties contract. After analysis of the Act and the contract, this Court holds that an insurance company may offset the tortfeasors payments against underinsurance benefits. Susan T. Kuehling sued the driver and the owner of an automobile, together with her own uninsured motorist carrier for damages sustained by her in an automobile accident. On a summary judgment motion, the trial court held the insured entitled to receive total coverage limits afforded by her uninsured motorist coverage plus amounts received from the tortfeasors liability carrier, without offset. State Farm Mutual Automobile Insurance Company appeals asserting that the trial court erred as a matter of law in granting to Kuehling, and denying to State Farm, a motion for summary judgment.

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State Farm Mutual Automobile Insurance Company v. Susan T. Kuehling (Supreme Court of Mississippi) Análisis y Personajes

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