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MILLER v. ALLSTATE INS. CO.

No. 91-CA-0005.

631 So.2d 789 (1994)

Jeffery Clay MILLER, v. ALLSTATE INSURANCE COMPANY, Mississippi Farm Bureau Mutual Insurance Company, Mississippi Farm Bureau Casualty Insurance Company.

Supreme Court of Mississippi.

February 3, 1994.

Attorney(s) appearing for the Case

Colette A. Oldmixon, David R. Smith, Smith Smith Tate & Cruthird, Poplarville, for appellant.

Harry R. Allen, Mark W. Garriga, Allen Cobb & Hood, Gulfport, James R. Moore, Jr., James F. Noble, III, Copeland Cook Taylor & Bush, Jackson, for appellee.

Before DAN M. LEE, P.J., and PITTMAN and JAMES L. ROBERTS, Jr., JJ.

PITTMAN, Justice, for the Court:

I.

In this M.R.C.P. 57 declaratory judgment action, the major issue is whether Allstate's automobile policy with uninsured motorist insurance coverage conflicts with the uninsured motorist coverage mandated by the statute. On stipulated facts1 the circuit judge ruled there was no conflict and, by applying the policy definitions, held Miller was not an...

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