Dog Bite Injuries Not Covered by UM Policy in Mississippi Case

 

In Spencer v. State Farm Mut. Ins. Co., No. 2003-CA-02598-SCT, 2005 WL 107149 (Miss. Jan. 20, 2005), the Mississippi Supreme Court ruled that an insured was precluded from recovery under an uninsured motorist policy.

 

Kristopher Spencer was bitten by a Rottweiler owned by Jason Lindsley and kept at the home of his mother, Carolyn Lindsley. The dog was in the back of Jason's pickup truck when it lunged at Spencer. The truck was not insured at the time of the attack, but Carolyn Lindsley had homeowners insurance. The homeowners insurer denied coverage for the incident.

 

Following lengthy litigation, Spencer and the Lindsleys entered into binding arbitration. The arbitrator found in favor of Spencer and awarded him $43,500. Spencer then filed a separate suit with his parents' auto insurer, State Farm. He contended that, while he received relief through arbitration, he was entitled to the limits of his parents' uninsured motorist policies to reimburse him for attorney fees and costs.

 

Though Spencer acknowledged that state law prohibits double recovery, he argued that “until he recoups his attorney's fees and expenses, he has not been made whole.” The court, however, determined that Spencer was precluded from further recovery.

 

The court noted, “According to the insurance policy, State Farm's uninsured motorist coverage only comes into effect if Lindsley was unable to satisfy his liability for all sums that Spencer is legally entitled to recover.” Spencer did receive full satisfaction of his $43,500 arbitration award, which eliminated Lindsley's liability. The court concluded that Spencer received all that he was entitled to receive and recovery under the uninsured motorist coverage would be double recovery.