United States District Court, S.D. Mississippi, Western Division
MEMORANDUM OPINION AND ORDER
STARRETT UNITED STATES DISTRICT JUDGE.
cause comes before the Court on Defendant Foremost Insurance
Company's Motion for Summary Judgment or, in the
Alternative, for Partial Summary Judgment . Plaintiffs
filed their response and memorandum in support [54, 55], and
Defendant has filed a reply . Having reviewed the
pleadings, the parties' submissions, the record in this
matter, and the applicable law, and otherwise being fully
advised in the premises, the Court finds the Motion for
Partial Summary Judgment is well taken and will be
the facts in the light most favorable to the Plaintiff, the
Court accepts as true the factual statements made by Lissa
Snyder in her declaration in opposition to summary judgment.
. The following recitation of facts comes from her
declaration and are supplemented by other undisputed evidence
in the record:
Snyder is the daughter of Dorothy Snyder.  ¶ 1.
Lissa has lived on “heir property” on Highway 33
in Fayette, Mississippi for the past seventeen (17) years.
Id. ¶ 3. Prior to 2010, Lissa lived in a mobile
home that her aunt owned, where she lived with her father
until he died in 2008. Id. After her father died,
Lissa continued to live in that mobile home until it was
destroyed by fire in 2009. Id. She owned all the
contents in that mobile home. Id. All of her
contents in that mobile home were completely destroyed by the
2009 fire. She had insurance on her contents with American
Bankers Insurance Company of Florida, with whom she filed a
claim for the fire loss. Id.; [38-16] at 3-4. On
February 5, 2010, American Bankers paid Lissa $44, 159.43,
which she deposited into her bank account.  ¶ 3;
[38-16] at 3; [38-17].
Lissa's aunt 's mobile home and Lissa's contents
were destroyed by fire, her mother, Dorothy Snyder, helped
Lissa purchase a mobile home for Lissa to put on the heir
property.  ¶ 8. Dorothy and Lissa purchased the
replacement mobile home in 2010 for $11, 000.00, with each of
them paying one half of the purchase price. Id.
Lissa purchased the replacement mobile home in her
mother's name although Lissa was the one who had her bank
wire the $11, 000.00 purchase price from Lissa's account
to the seller. Id.; [38-17]. The title was put in
Dorothy's name because Dorothy wanted to make sure Lissa
had somewhere to stay. [38-5] p. 17. Lissa used part of the
money paid by American Bankers on the fire loss to pay her
half of the cost of the new mobile home and to purchase
contents, clothes, and remodel the replacement mobile home.
 ¶ 9. Lissa and Dorothy insured the new mobile home
with American Bankers, the same insurance company that
insured Lissa's contents on her aunt's mobile home
from 2010 until 2014 and paid the prior contents loss in
2010.  ¶¶ 13, 18.
lived at 283 Pine Street in Fayette, where her son and
grandson stayed with her, and she would visit Lissa. [38-8]
at Ex. A (DS/FIC 00418);  ¶ 23. In late 2013 and
early 2014, Dorothy started forgetting things occasionally,
and Lissa asked Dorothy to stay with her from time to time so
that Lissa could watch her, which Dorothy did from 2014 until
2017.  ¶¶ 13, 23. Dorothy started staying with
Lissa in about mid May 2014. Id. ¶ 17. Due to
Dorothy's health, Dorothy asked Lissa to speak for her.
Id. ¶ 13. Since January or early February 2014,
Lissa has conducted Dorothy's business as Dorothy Snyder
at Dorothy's authorization and direction. 
¶¶ 13-14. In August 2015, Dorothy granted Lissa a
Durable General Power of Attorney.  ¶ 22; Ex. to
 at p. 15-18.
the yearly insurance premiums kept rising with American
Bankers, in 2014, Lissa discussed with Dorothy getting a
cheaper insurance, and Dorothy agreed to help Lissa. 
¶ 13. Dorothy asked Lissa to find a cheaper insurance
and get it in Dorothy's name. Id. ¶ 16. In
early 2014, Dorothy gave Lissa permission to speak for her in
getting insurance on their mobile home and contents.
Id. Lissa found a cheaper rate at Foremost and
called the company with Dorothy's permission and
authorization for Lissa to speak for her. Id. In
February 20, 2014, Lissa called Foremost to get insurance on
the mobile home.  ¶ 16; [38-6] at Ex. A (DS/FIC
00414). The insurance representative asked
questions of Lissa as Dorothy Snyder, and Lissa answered the
questions as Dorothy Snyder.  ¶ 16. During the
February 20, 2014 conversation, the following relevant
Dorothy: Yes, I was trying to get a quote on some
Jane: Alright, we can do that for you. All of our phone calls
are recorded, and it takes about 15 minutes or so, is that
Jane: Alright, go ahead with your last name. Dorothy: Snyder,
S N Y D E R.
Jane: Okay, and your first name. Dorothy: D O R O T H Y.
Jane: Alright, and what state are you in? Dorothy:
Jane: Okay, and do you have a spouse or anyone else that
lives there with you? Dorothy: No.
Jane: Okay. And now the physical address of the home.
Dorothy: 1118 Highway 33, Fayette in Mississippi.
Jane: Okay. And is this your primary residence?
Jane: Okay, and what year is your home?
Dorothy: A 1998 Chandelier.
Jane: And when did you buy your home?
Dorothy: Last week.
Jane: Well, congratulations. Dorothy: Thank you.
Jane: Will the home ever be vacant or rented out or is it
your full-time residence?
Dorothy: It will be a residence.
Jane: Okay, in the past five years, have you been cancelled
or non-renewed for any type of insurance policy.
Jane: Any claims or losses of any kind in the past five