Sharel A. Kenney v. Foremost Insurance Company and USAA Casualty Insurance Company

Summary

The Supreme Court of Mississippi reviewed summary judgments concerning uninsured/underinsured motorist coverage after Sharel A. Kenney was injured in a Mississippi motorcycle accident. The court held that Louisiana law governed the insurance disputes and affirmed summary judgment for USAA Casualty Insurance Company because its policy excluded coverage for the motorcycle. It reversed summary judgment for Foremost Insurance Company and remanded because factual issues remained regarding whether Kenney validly rejected uninsured-motorist coverage under Louisiana law.

Holdings

1. Louisiana law governs the insurance-contract disputes because Louisiana had the most substantial contacts with the parties and the subject matter.
2. Kenney was not entitled to uninsured-motorist benefits under the USAA-CIC policy because the policy excluded coverage for bodily injury sustained while occupying a vehicle owned by the insured but not insured for uninsured-motorist coverage under that policy.
3. Summary judgment for Foremost was improper because a genuine issue of material fact remained as to whether Kenney completed the Louisiana-prescribed uninsured-motorist rejection form in compliance with Louisiana law and knowingly rejected coverage.

Questions Presented

1. Whether Louisiana or Mississippi law governed the insurance-contract disputes.
2. Whether the USAA-CIC policy excluded uninsured-motorist coverage for injuries sustained while Kenney occupied her motorcycle, which was not insured for uninsured-motorist coverage under that policy.
3. Whether Kenney validly rejected uninsured-motorist coverage under the Foremost policy and Louisiana law.

Disposition

reversed_and_remanded