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FIDELITY & GUAR. UNDERWRITERS, INC. v. EARNEST

No. 94-CA-01238-SCT.

699 So.2d 585 (1997)

FIDELITY AND GUARANTY UNDERWRITERS, INC. v. John L. EARNEST.

Supreme Court of Mississippi.

September 11, 1997.

Attorney(s) appearing for the Case

George E. Dent, Soper & Dent, Tupelo, for Appellant.

Frank H. Shaw, Jr., Steele & Shaw, Kosciusko, for Appellee.

Before PRATHER, P.J., and BANKS and SMITH, JJ.

PRATHER, Presiding Justice, for the Court:

I. INTRODUCTION

¶ 1. This is an uninsured motorist (UM) case which calls upon this Court to determine the extent to which a UM carrier may validly offset the UM limits applicable to a particular UM insured by amounts paid on behalf of the driver of an underinsured vehicle. This Court reaffirms prior holdings permitting the offset with regard to liability benefits actually received by the...

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