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IN RE KOESTLER FOR BENEFIT OF KOESTLER

No. 89-CA-0140.

608 So.2d 1258 (1992)

In re Judy Hanna KOESTLER, Personal Representative of William D. Koestler, Deceased, FOR the BENEFIT OF Judy Hanna Koestler, Stephanie Dawn Koestler, Scott Downing Koestler, and Christopher Kyle Koestler, Wrongful Death Beneficiaries, and Judy Hanna Koestler, Executrix of the Last Will and Testament of William D. Koestler. CASUALTY RECIPROCAL EXCHANGE v. Federal Insurance Company.

Supreme Court of Mississippi.

Rehearing Denied December 3, 1992.

Attorney(s) appearing for the Case

Philip Mansour, Sr., Mansour & Mansour, Greenville, for appellant.

Stephen L. Thomas, Andrew N. Alexander, III, Lake Tindall, Hunger & Thackston, Greenville, for appellee.

Richard T. Phillips, Smith Phillips & Mitchell, Batesville, for amicus curiae.

EN BANC.

ROBERTSON, Justice, for the Court:

I.

This appeal in which insured seeks to stack uninsured motorist ("UM") liability insurance coverages presents a new twist. Today's insured had two policies providing in the aggregate five UM coverages, each with limits of liability well in excess of the statutory minimum. The question is whether our positive law of stacking permits enforcement of a clearly worded policy provision that denies stacking of coverages in excess...

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