Holcomb Dunbar - North Mississippi Attorneys

Insurance Law From A to Z Series – Policy Exclusions

Summary Mississippi Insurance Law CoverIt’s time for the next installment of Holcomb Dunbar law series “Insurance Law from A to Z.”  This was put together by our litigation group  https://www.holcombdunbar.com/litigation/  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 – Exclusions

Household Exclusion

The household exclusion is valid and enforceable in Mississippi for liability coverage.  Perry v. Southern Farm Bureau Cas. Ins. Co., 170 So.2d 628 (Miss. 1965).

It is not a valid exclusion for UM policies.  Accordingly, an injured passenger may recover under a driver’s uninsured motorist policy where the household exclusion prevents recovery under liability policy.  Allstate Ins. Co. v. Randall, 753 F.2d 441 (5th Cir. 1985).

Family Immunity

Inter-spousal immunity has been abolished in Mississippi.  Burns v. Burns, 518 So. 2d 1205 (Miss. 1998).

Parent-unemancipated child immunity has been abolished in negligent operation of automobile cases.  Smith v. Holmes, 921 So. 2d 283, 285 (Miss. 2005).  Parents may maintain suits against their children and vice versa.  Ales v. Ales, 650 So. 2d 482, 487 (Miss. 1995).

 

Family Purpose Doctrine

 

The Family Purpose Doctrine by which a family member’s negligence is imputed to another while driving an automobile has been expressly rejected in Mississippi.  Prewitt v. Walker, 97 So. 2d 514, 516 (Miss. 1957); Smith v. Dauber, 125 So. 102, 103 (Miss. 1929).

 

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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 Dunbar.

2018