McGlothin v. State Farm Mut. Ins. Co.

RHESA HAWKINS BARKSDALE, Circuit Judge:

At issue in this diversity action is whether, as the district court concluded, two sections of Mississippi's Uninsured Motorist (UM) Act, Mississippi Code §§ 83-11-101 et seq ., are repugnant: §§ 83-11-101(1) (requiring automobile insurers provide UM coverage to extent insured is "legally entitled to recover") and 83-11-103(c)(vi) (defining "uninsured motor vehicle", as used in UM Act, to include vehicle "owned or operated by a person protected by immunity under the Mississippi Tort Claims Act"). State Farm Mutual Automobile Insurance Company maintains:…