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Rylee v. Progressive Gulf Insurance Co.

Supreme Court of Mississippi

March 9, 2017

RICHARD RYLEE AND BETH RYLEE
v.
PROGRESSIVE GULF INSURANCE COMPANY AND USAA CASUALTY INSURANCE COMPANY

          Date of Judgment: 09/22/2015

         COURT FROM WHICH APPEALED: JONES COUNTY CIRCUIT COURT HON. RICHARD W. McKENZIE TRIAL JUDGE.

          TRIAL COURT ATTORNEYS: EDWARD C. TAYLOR KRISTI ROGERS BROWN CECIL MAISON HEIDELBERG CHUCK McRAE SETH CLAYTON LITTLE DAWN DAVIS CARSON GRETA LYNETTE KEMP RUSSELL BARTON JORDAN HAL SCOT SPRAGINS, JR. JAMES NELSON SCARFF, II GINNY Y. KENNEDY.

          ATTORNEYS FOR APPELLANTS: CHUCK McRAE SETH CLAYTON LITTLE CHRISTOPHER ANTHONY BAMBACH.

          ATTORNEYS FOR APPELLEES: CECIL MAISON HEIDELBERG EDWARD C. TAYLOR KRISTI ROGERS BROWN.

          BEFORE WALLER, C.J., KITCHENS AND MAXWELL, JJ.

          MAXWELL, JUSTICE.

         ¶1. Beth Rylee's husband, Richard Rylee, was injured in a motorcycle accident. After the Rylees received the full "each person" policy limit for damages resulting from Richard's bodily injury, the Rylees sued their two insurers. They claimed Beth was entitled to her own each-person policy limit for her "separate and distinct" loss-of-consortium claim. But both the language of the relevant policies and this Court's precedent are clear. If there is only one person who suffers bodily injury in an accident, then all claims based on that person's bodily injury are included in the each-person policy limit.

         ¶2. Only Richard was injured in the accident-Beth was not even there. So her loss-of- consortium claim fell under the each-person policy limit for damages arising from Richard's bodily injury, which the two defendant insurance companies have already satisfied.

         ¶3. We affirm the circuit court's grant of summary judgment to the two insurers.

         Background Facts and Procedural History

         ¶4. The facts are not disputed. On January 19, 2011, Richard's motorcycle and Jessica Brashier's vehicle crashed in Laurel, Mississippi. Richard was injured. His wife Beth was not with him during the accident.

         I.Auto Insurance ...


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