of Judgment: 09/22/2015
FROM WHICH APPEALED: JONES COUNTY CIRCUIT COURT HON. RICHARD
W. McKENZIE TRIAL JUDGE.
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.
WALLER, C.J., KITCHENS AND MAXWELL, JJ.
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.
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.
We affirm the circuit court's grant of summary judgment
to the two insurers.
Facts and Procedural History
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 ...