H.G. Perkins v. Insurance Company of North America

GARWOOD, Circuit Judge:

In this Mississippi law diversity case, the district court granted defendant-appellee Insurance Company of North America’s (INA) motion for summary judgment, holding that under Miss. Code Ann. § 83-11-101(1) plaintiff-appellant H.G. Perkins, a passenger in his employer’s truck who was injured in an accident while both the co-employee uninsured driver and Perkins were acting within the course of their employment, was not entitled to uninsured motorist benefits, despite a provision in the INA insurance policy on the truck issued to Perkins’ employer that excluded from…