Summary Mississippi Insurance Law CoverIt’s time for the next installment of Holcomb Law Group law series “Insurance Law from A to Z.”  This was put together by our litigation group  who practice in the insurance law arena.  Of course, if you have questions about these or any other topics please do not hesitate to contact us.

This week’s installment – Vicarious Liability

Without some special relationship, an owner of an automobile is not liable for injuries negligently caused by a permissive driver.  Wood v. Nichols, 416 So. 2d 659 (Miss. 1982).

The methods in which liability may be imputed from a permissive user to owner are agency, employment, negligent entrustment, conspiracy, joint enterprise, and ownership liability statutes.  Woods v. Nichols, 416 So. 2d 659, 663-64 (Miss. 1982) (agency); Dukes v. Sanders, 124 So. 2d 122, 128 (Miss. 1960) (negligent entrustment); Buford v. Horne, 300 So. 2d 913 (Miss. 1974) (joint enterprise); See Miss. Code Ann. § 63-1-25 (joint and severally liability for the willful or negligent acts of a minor under seventeen while operating motor vehicle between minor and person who signed application for license or permit).

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The information contained in this post is for general guidance on matters of interest only.  The application and impact of laws can vary widely based on the specific facts involved. Given the changing nature of laws, rules and regulations, there may be omissions or inaccuracies in information contained in this report.  Accordingly, the information in this report is provided with the understanding that the authors are not herein engaged in rendering legal, tax, or other professional advice and services.  As such, it should not be used as a substitute for consultation with legal or other competent advisers.  Before making any decision or taking any action, particularly before denying any first-party claims, you should consult with your in-house counsel or the attorneys at Holcomb Law Group.

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Jonathan Masters

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