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ST. PAUL PROPERTY & LIABILITY v. NANCE

No. 90-CA-0023.

577 So.2d 1238 (1991)

ST. PAUL PROPERTY AND LIABILITY INSURANCE COMPANY v. George D. NANCE.

Supreme Court of Mississippi.

March 27, 1991.

Attorney(s) appearing for the Case

David B. Strain, Bryant Colingo Williams & Clark, Gulfport, for appellant.

Mark W. Garriga, Bryan Nelson Allen Schroeder Cobb & Hood, Gulfport, for appellee.

Before ROY NOBLE LEE, C.J., and ROBERTSON and McRAE, JJ.

ROBERTSON, Justice, for the Court:

I.

We consider today whether a plaintiff's release and discharge of the underinsured tortfeasor who caused her personal injuries operates as well to preclude a subsequent subrogation suit by her uninsured motorist (UM) carrier. The tortfeasor was "underinsured" in fact, but was "uninsured" in law.

The Circuit Court held that the UM carrier stepped into the shoes of its subrogor/insured and acquired no rights greater...

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