BOOKER EX REL. LLOYD'S OF LONDON v. PETTEY

No. 1998-CA-01439-SCT.

770 So.2d 39 (2000)

Steven Bruce BOOKER, on Behalf of CERTAIN UNDERWRITERS AT LLOYD'S OF LONDON, Signatory to Certificate No. HR-400213-S v. Holmes PETTEY and Holmes Pettey, Inc.

Supreme Court of Mississippi.

Rehearing Denied November 9, 2000.


Attorney(s) appearing for the Case

Joseph C. Gibbs, Clarksdale, Attorney for Appellant.

Richard B. Lewis, Ralph Edwin Chapman, Dana J. Swan, Clarksdale, Attorneys for Appellees.

BEFORE BANKS, P.J., WALLER AND DIAZ, JJ.


BANKS, Presiding Justice, for the Court:

¶ 1. Here we treat the cancellation of an insurance policy. If the insured is deemed to have canceled it, there is no coverage for the loss claimed by the injured party. If the insurer canceled, there is coverage. That determination turns on whether the procuring agent was in fact or law acting on behalf of the insurer when the policy was canceled. We conclude that the jury determination of this issue in favor of the insured...

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