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Duncan v. Simon

United States District Court, S.D. Mississippi, Southern Division

June 25, 2015

TEAGUE A. DUNCAN, Plaintiff,
v.
GABRIEL J. SIMON, II; USAA CASUALTY INSURANCE COMPANY; and LM GENERAL INSURANCE COMPANY, Defendants.

MEMORANDUM OPINION AND ORDER CONCERNING THE PARTIES' MOTIONS FOR SUMMARY JUDGMENT

LOUIS GUIROLA, Jr., Chief District Judge.

BEFORE THE COURT are the Motion for Partial Summary Judgment [10] filed by LM General Insurance Company, the Motion for Partial Summary Judgment [16] filed by Teague A. Duncan, and the Motion for Summary Judgment [18] filed by USAA Casualty Insurance Company. The Motions filed by LM General and Duncan have been fully briefed by the parties, but USAA did not file a reply in support of its Motion. After reviewing the submissions of the parties, the record in this matter, and the applicable law, the Court finds that the Motion for Partial Summary Judgment filed by LM General should be granted. The Motion for Partial Summary Judgment filed by Duncan and the Motion for Summary Judgment filed by USAA are denied.

FACTS

On February 7, 2014, Duncan suffered serious injuries in a single-vehicle automobile accident that occurred on Interstate 59 in Pearl River County, Mississippi. When the accident occurred, Duncan was a passenger in a vehicle owned and operated by Gabriel J. Simon, II. It is undisputed that the accident was caused solely by the negligence of Simon.

Simon's vehicle is insured by a USAA Casualty Insurance Company policy providing $25, 000 in liability coverage and $25, 000 in underinsured motorists ("UM") coverage. The USAA policy provides:

The limits of liability under [UM bodily injury] coverage (each person and each accident)... shall be reduced by all sums paid because of the [bodily injury].. by or on behalf of the owner or operator of the uninsured motor vehicle. This includes all sums paid under Part A.

(USAA's Mot., Ex. B at 12, ECF No. 18-2). Part A of the policy provides liability coverage. ( Id. at 4).

Duncan is the named insured on a LM General policy providing $100, 000 in UM coverage. (LM's Mot., Ex. C at LM-050, ECF No. 10-3). Duncan is also an insured under his father's LM General policy, which insures three vehicles and provides $250, 000 in UM coverage. (LM's Mot., Ex. D at LM-002, ECF No. 10-4). Both LM General policies at issue provide:

We will pay, in accordance with Va. Code Ann. Section 38.2-2206, damages which an "insured"... is legally entitled to recover from the owner or operator of an... "underinsured motor vehicle" because of:
1. "Bodily injury" sustained by an "insured" and caused by an accident
....

(LM's Mot., Ex. C at LM-075, ECF No. 10-3; LM's Mot., Ex. D at LM-027, ECF No. 10-4). Both LM General policies also contain the following clause:

B. Any damages payable under this coverage:
1. Shall be reduced by all sums paid because of "bodily injury" or "property damage" by or on behalf of persons or organizations who may be legally responsible.

(LM's Mot., Ex. C at LM-076, ECF No. 10-3; LM's Mot., Ex. D at LM-028, ECF No. 10-4). Duncan's father's policy, which insures three ...


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