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UNITED SERVICES AUTO. ASS'N v. STEWART

No. 2004-CA-01540-SCT.

919 So.2d 24 (2005)

UNITED SERVICES AUTOMOBILE ASSOCIATION v. Deborah C. STEWART, Individually and on Behalf of Other Wrongful Death Beneficiaries of Robert Earl Stewart, Jr.

Supreme Court of Mississippi.

June 9, 2005.

Attorney(s) appearing for the Case

Gerald Lee Kucia, Jackson, attorney for appellant.

Jay Max Kilpatrick, Jackson, attorney for appellee.

EN BANC.

CARLSON, Justice, for the Court:

¶ 1. United Services Automobile Association (USAA) appeals to us from the Forrest County Chancery Court's grant of summary judgment in favor of its deceased insured's wrongful death beneficiaries, thus denying USAA's request for a set-off based on the liability coverage provided by a third-party tortfeasor's insurance carrier. Finding that the chancellor incorrectly granted summary judgment in favor of the plaintiffs, we reverse...

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