Date of Case Completion:
December 2, 2016
Category:
Insurance Coverage / Appellate Litigation / Federal Court – Sixth Circuit
Summary:
McLemore Law PLLC secured an appellate victory in the Sixth Circuit Court of Appeals, affirming summary judgment in favor of the insurer. The court held that an exclusion for regularly used, non-owned vehicles within a Mississippi underinsured motorist policy was valid and enforceable, barring coverage for the plaintiff’s injury claim.
Description:
Case Name: James Goss v. Susan Green et al.
Court: United States Court of Appeals for the Sixth Circuit
Case No.: 16-5265
The case arose after James Goss, who was injured while driving a commercial vehicle owned by Bigbee Transportation, sought underinsured motorist (UM) benefits from his personal auto policy. The policy was issued in Mississippi and contained an exclusion for vehicles “furnished, available, or regularly used” by the insured but not listed on the policy.
U.S. District Judge Samuel Mays granted summary judgment in favor of the insurer, ruling that the exclusion applied and was unambiguous. The court also rejected the plaintiff’s attempt to introduce alleged agent statements as parol evidence, finding them inadmissible under controlling law.
Mr. Goss appealed to the Sixth Circuit, which reviewed the exclusion language and applicable Mississippi caselaw, ultimately affirming the district court’s ruling on December 2, 2016. The Sixth Circuit held that the policy clearly excluded coverage for the regularly used commercial vehicle and that the exclusion was valid and enforceable.
No petition for rehearing was filed, and a mandate was subsequently issued, conclusively ending the litigation.