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UNITED SERVICES AUTO. ASS'N v. SHELL

No. 94-CA-00583-SCT.

698 So.2d 96 (1997)

UNITED SERVICES AUTOMOBILE ASSOCIATION v. Patricia SHELL, a/k/a Patsy Lou Shell, as Administratrix of the Estate of Aaron Shell, Jr., Deceased.

Supreme Court of Mississippi.

August 14, 1997.

Attorney(s) appearing for the Case

William M. Dalehite, Jr., Steen Reynolds & Dalehite, Jackson, for Appellant.

W. Hollis McGehee, II, H.B. Mayes McGehee, McGehee McGehee & Torrey, Meadville, for Appellee.

Before DAN LEE, C.J., and PITTMAN and MILLS, JJ.

PITTMAN, Justice, for the Court:

¶ 1. Aaron Shell, Jr., was murdered by a hitchhiker he picked up on July 8, 1991. The Franklin County Chancery Court found that his estate was entitled to benefits from an Uninsured Motorist (UM) policy issued by United Services Automobile Association. We find, however, that Shell's assailant was not the "owner or operator" of an uninsured motor vehicle as contemplated by the USAA policy or Miss. Code Ann. § 83-11-101 (1991...

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