Owens Corning v. Mississippi Insurance Guaranty Association

Summary

The Supreme Court of Mississippi affirmed summary judgment for the Mississippi Insurance Guaranty Association in an asbestos-insurance coverage dispute. The court held that Owens Corning could not rely on the Mississippi residency of underlying tort claimants to satisfy the residency requirement for a covered claim under Miss. Code Ann. § 83-23-109(f), because Owens Corning was the claimant and was not a Mississippi resident.

Holdings

1. MIGA is not a state agency, so its interpretation of the Insurance Guaranty Act is not entitled to deference accorded to an administrative agency's construction of statutes and regulations.
2. The circuit court's grant of summary judgment is reviewed de novo, and summary judgment is proper when no genuine issue of material fact exists and the moving party is entitled to judgment as a matter of law.
3. Owens Corning could not satisfy the statutory residency requirement by relying on the Mississippi residency of underlying tort claimants who were not asserting claims against MIGA. Because Owens Corning was the claimant and insured asserting the claim and was not a Mississippi resident, its claim was not a covered claim.

Questions Presented

1. Whether Owens Corning could use the Mississippi residency of the underlying tort claimants to satisfy the residency requirement for a covered claim under Miss. Code Ann. § 83-23-109(f).
2. Whether MIGA's interpretation of the Insurance Guaranty Act was entitled to administrative-agency deference.
3. Whether the circuit court properly granted summary judgment to MIGA.

Disposition

affirmed