Rebecca L. Jackson and Gary Jackson v. State Farm Mutual Automobile Insurance Company

880 So.2d 336 · Supreme Court of Mississippi · October 12, 2001 · No. No. 2001-CT-01683-SCT

Summary

The Supreme Court of Mississippi reviewed the Court of Appeals' reversal of summary judgment dismissing the Jacksons' underinsured motorist claim against State Farm as untimely. The court held that the claim was barred by the three-year statute of limitations and that the Jacksons' delayed notice caused clear prejudice to State Farm. The court reversed the Court of Appeals and affirmed the trial court's judgment for State Farm.

Holdings

  1. The Jacksons' claims against State Farm were barred by Mississippi's three-year statute of limitations because they knew, or should have known, the extent of Rebecca's injuries and the amount of the tortfeasor's insurance coverage more than three years before adding State Farm to the litigation.
  2. Summary judgment was proper because the Jacksons' notice to State Farm was untimely and the undisputed record established prejudice to State Farm.
  3. The record contained no genuine issue of material fact concerning the Jacksons' knowledge of Rebecca's injuries or the tortfeasor's insurance coverage.

Questions Presented

  1. Whether the Jacksons' claims against State Farm were barred by Mississippi's three-year statute of limitations.
  2. Whether the Jacksons' failure to provide timely notice of the accident and claim defeated coverage under the policy and applicable law.
  3. Whether disputed facts concerning prejudice, the extent of Rebecca Jackson's injuries, or the adequacy of the tortfeasor's insurance precluded summary judgment.

Disposition

reversed

Cases Cited (7)

  • Jackson v. State Farm Mutual Automobile Insurance Co., 852 So. 2d 641 (Miss. Ct. App. 2003)(reversed)
  • Harris v. American Motorist Insurance Co., 240 Miss. 262, 126 So. 2d 870 (Miss. 1961)(followed)
  • Vaughn v. State Farm Mutual Automobile Insurance Co., 445 So. 2d 224 (Miss. 1984)(followed)
  • Lawler v. Government Employees Insurance Co., 569 So. 2d 1151 (Miss. 1990)(followed)
  • Ross v. Crane Co., 350 So. 2d 697 (Miss. 1977)(followed)
  • State Mutual, etc., Insurance Co. v. Watkins, 181 Miss. 859, 180 So. 78 (Miss. 1938)(followed)
  • Downing v. Home Indemnity Co. of New York, 169 Miss. 13, 152 So. 841 (Miss. 1934)(followed)

Cited In (0)

No citing cases on record yet.

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