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EDWARDS v. STATE FARM MUT. INS. CO.

No. 2012-CA-00240-COA.

117 So.3d 639 (2013)

Martha EDWARDS, Appellant, v. STATE FARM MUTUAL INSURANCE COMPANY, Appellee.

Court of Appeals of Mississippi.

June 25, 2013.

Attorney(s) appearing for the Case

Bennie L. Jones Jr. , Roberta Lynn Haughton , West Point, attorneys for appellant.

H. Scot Spragins , Lawrence John Tucker Jr. , Oxford, attorneys for appellee.

Before LEE, C.J., FAIR and JAMES, JJ.

FAIR, J., for the Court:

¶ 1. On August 28, 2009, Martha Edwards sued State Farm Insurance for underinsured-motorist benefits. Edwards did not serve State Farm with process until February 2, 2010, over 160 days later. State Farm immediately filed a motion to dismiss or, in the alternative, a motion for summary judgment, arguing that Edwards failed to effectuate service within the 120-day period designated by Mississippi Rule of Civil Procedure 4(h). The trial...

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