USF&G CO. v. JOHN DEERE INS. CO.

No. 1999-CA-02032-SCT.

830 So.2d 1145 (2002)

UNITED STATES FIDELITY & GUARANTY COMPANY v. JOHN DEERE INSURANCE COMPANY, Albert L. East, IV, Albert L. East, III and Ella May East.

Supreme Court of Mississippi.

Rehearing Denied December 5, 2002.


Attorney(s) appearing for the Case

Michael Wayne Baxter, Charles G. Copeland, Janet G. Arnold, Ridgeland, attorneys for appellant.

Jan F. Gadow, Ridgeland, Ken R. Adcock, Jackson, Mark D. Morrison, Grenada, Brenda B. Bethany, C. Michael Ellingburg, Sr., Jackson, attorneys for appellees.

EN BANC.


WALLER, J., for the Court.

¶ 1. This appeal involves the issue of whether the two commercial automobile liability insurance policies should be prorated according to the coverage limits of each policy or whether they should be paid out according to the priority of coverage. We find that the two policies should not be pro-rated because, under Mississippi law, the insurer for the owner of the vehicle involved in the accident...

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