An insurer paying a claim under the endorsement or provisions required by Section 83-11-101 or Section 83-11-102 shall be subrogated to the rights of the insured to whom such claim was paid against the person causing such injury, death, or damage to the extent that payment was made, including the proceeds recoverable from the assets of the insolvent insurer. The bringing of an action against the unknown owner or operator, or the conclusion of such an action, shall not constitute a bar to the insured if the identity of the owner or operator who caused the injury or damages complained of becomes known, provided that in any action brought against such owner or operator, the insurance company that has previously made payment as a result of the policyholder's claim against such owner or operator shall be mailed a copy of the summons issued for the defendant or defendants, and that any recovery against such owner or operator shall be paid to the insurance company to the extent that such insurance company paid the named insured in the action brought against such owner or operator, except that such insurance company shall pay its proportionate part of any reasonable costs and expense incurred in connection therewith, including reasonable attorney's fees.
Codes, 1942, § 8285-54; Laws, 1966, ch. 524, § 4; Laws, 2002, ch. 390, § 2, eff. 7/1/2002.
Notes of Decisions
City of Jackson v. Perry, 764 So. 2d 373 (Miss. 2000).
“Miss.Code Ann. § 83-11-107 (1999) specifically grants a UM insurer a right of subrogation against "the person causing such injury, death or damage to the extent that payment was made.”
State Farm Mut. Auto. Ins. Co. v. Kuehling, 475 So. 2d 1159 (Miss. 1985).
“§ 83-11-103 (c)(iii) in 1979, the Mississippi Legislature did not intend to abrogate the rights of underinsured motorist carriers to subrogation as provided by Miss. Code Ann. § 83-11-107 (1972) and, therefore, the two statutory provisions must be construed in conjunction with…”
Miller v. Allstate Ins. Co., 631 So. 2d 789 (Miss. 1994).
“Even assuming arguendo that an offset is proper in this case, subrogation is governed by Miss. Code Ann. § 83-11-107 (1991). III. Finally, I disagree with the majority's conclusion that Miller is not entitled to an award of attorney fees and costs.”
Jackson v. State Farm Mut. Auto. Ins. Co., 852 So. 2d 641 (Miss. Ct. App. 2003).
“In addition, notice protects the right of a company providing coverage for uninsured or underinsured motorists to seek reimbursement from the tortfeasor.”
Murriel v. Alfa Ins. Co., 697 So. 2d 370 (Miss. 1997).
“The policy contained a provision requiring written consent from Alfa before the policyholder or a family member settled with any person or organization who may be liable for the bodily injury.”
Coleman v. Am. Mfrs. Mut. Ins., 930 F. Supp. 255 (N.D. Miss. 1996).
“Miss.Code Ann. § 83-11-107. This right is derivative of the insured’s rights against the uninsured motorist, and therefore the carrier has no greater rights than those of the insured.”
Clark Sand Co., Inc. v. Ruby C. Kelley (Miss. 2008).
“, Miss. Code Ann. § 83-11-107 (Rev. 1999). Without such a legally recognized relationship to the decedent, the claimant has not suffered “an invasion of a legally protected interest,” as Lujan’s “injury” prong requires.”
Unknown.
“See Miss. Code § 83-11-107; United States Fidelity & Guar.”
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