Allred v. Yarborough

¶ 14. I dissent to the majority's finding that Allred is limited to the statutory $50,000.00 recovery under the Mississippi Tort Claims Act. "The longstanding rule in Mississippi is that the insurer for the owner of the vehicle involved in the accident is the primary insurer."U.S. Fid. Guar. Co. v. John Deer Ins. Co., 830 So.2d 1145, 1148 (Miss. 2002) (citing State Farm Mut. Auto. Ins. Co. v. UniversalUnderwriters Ins. Co., 797 So.2d 981, 983 (Miss. 2001); Travelers Indem.Co. v. Chappell, 246 So.2d 498, 505 (Miss. 1971)). I find that Cliff Colbert Chevrolet had a primary insurance liability…