Legal Opinion
Smith v. Safeco Insurance Co. of America
District Court, S.D. Mississippi
Decided April 22, 1988No. Civ. A. J84-0925(W)PublishedCited by 3 opinions
1Opinion of the Court
MEMORANDUM OPINION AND ORDER
WINGATE, District Judge.
The questions addressed herein are twofold: whether plaintiff policyholder violated a valid exclusionary clause contained in insurer’s policy which protected insurer’s subrogation rights by requiring policyholder to secure written permission from insurer before policyholder could settle with any tortfeasor; and whether plaintiff by filing a prior lawsuit on the policy for medical benefits is now barred recovery for uninsured motorist coverage on this same policy because he has split his cause of action. These questions were submitted to the…
2Cases cited11 opinions
- New Hampshire Ins. Co. v. SmithMississippi Supreme Court · 1978
- US Fidelity & Guaranty Co. v. HillmanMississippi Supreme Court · 1979
- Rosso v. New York Life Ins. Co.Mississippi Supreme Court · 1930
- Chandler v. State Farm Mut. Automobile Ins.Mississippi Supreme Court · 1947
- Duett v. Pine Mfg. Co.Mississippi Supreme Court · 1950
6 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- ST. PAUL PROPERTY & LIABILITY v. NanceMississippi Supreme Court · 1991
- Edward Lafferty v. Nicholas T. Vaughn, Tyler A. Veazey, State Farm Mutual Automobile Insurance Company And Mississippi Farm Bureau Casualty Insurance CompanyLouisiana Court of Appeal · 2021
- Gary Netto v. Atlantic Specialty InsuranceCourt of Appeals for the Fifth Circuit · 2019