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STATE FARM MUT. AUTO. INS. CO. v. KUEHLING

No. 54962.

475 So.2d 1159 (1985)

STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY v. Susan T. KUEHLING.

Supreme Court of Mississippi.

September 11, 1985.

Attorney(s) appearing for the Case

Billy W. Hood, Leslie Scott Sheffield, Bryan, Nelson, Allen, Schroeder & Cobb, Gulfport, for appellant.

Joe Sam Owen, Owen & Galloway, Gulfport, for appellee.

Before WALKER, HAWKINS and PRATHER, JJ.

PRATHER, Justice, for the Court:

The issue of this appeal is whether underinsured motorist coverage of an insurance company may require offset for payments of the tortfeasor's liability carrier. The answer turns upon an interpretation of the Mississippi Uninsured Motorist Act and the construction of the parties' contract. After analysis of the Act and the contract, this Court holds that an insurance company may offset the tortfeasor's payments against underinsurance...

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