Oral arg. – Miss.S.Ct. -July 20, 2016

At 1:30 the Miss.S.Ct. will hear the case of Sharel Kenney v. Foremost Insurance Co. and USAA presenting a choice of law question with regard to UM coverage.

Kenney was a passenger on a motorcycle driven by Daniel Steilberg when, in May 2013, they were struck by an uninsured motorist, Lionel Bradley, on  Highway I-90 in Bay St. Louis, Mississippi.  Kenney, a resident of Louisiana,  owned the motorcycle which was  insured by Foremost. She also owned  a car insured by  USAA.  Foremost paid Kenney’s  property damage claim but provided no medical payments benefits or UM benefits because the policy provided for none.  USAA made no payments finding no coverage on the policy covering the car owned in Louisiana. Kenney sued in Mississippi and the trial court applied Louisiana law to find no coverage.  Kenney appealed arguing that the court should have applied Mississippi law.

 

Kenney’s brief

Foremost’s brief

USAA’s brief

Kenney’s reply brief

Watch the argument here

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