Opinion
No. 41683.
October 16, 1961.
1. Courts — Louisiana direct action statute — unenforceable in Mississippi.
A direct suit against automobile insurers could not be brought in Mississippi, even though accident in question occurred in Louisiana and Louisiana law permits a direct suit against an insurer.
Headnote as approved by Jones, J.
APPEAL from the Circuit Court of Neshoba County; O.H. BARNETT, J.
Laurel G. Weir, Philadelphia, for appellant.
I. The Court erred in finding and adjudicating that the Court had no jurisdiction of the suit and in entering the orders dismissing the suit for said reason. Burkett v. Globe Indemnity Co., 182 Miss. 423, 181 So. 316; Fireman's Fund Ins. Co. v. Cole, 169 Miss. 634, 152 So. 872; Floyd v. Vicksburg Cooperage Co., 156 Miss. 567, 126 So. 395; West v. Monroe Bakery (La.), 46 So.2d 123; Sec. 1435, Code 1942; 20 Enc. Pl. Pr. 594.
Snow, Covington Shows, Meridian, for appellee, Hartford Accident and Indemnity Company.
I. A direct action against an insurer under a contract of liability insurance for damages arising from a tort committed by the assured cannot be maintained in the state of Mississippi. Cook v. State Farm Mutual Ins. Co., 241 Miss. 371, 128 So.2d 363; McArthur v. Maryland Casualty Co., 184 Miss. 663, 186 So. 305.
II. A non-resident insurance corporation may not be sued in this state on a cause of action and insurance policy arising in a foreign state by service of process on the insurance commissioner of this state where such non-resident insurance corporation has appointed the Commissioner as its agent for service of process as a condition of qualifying to do business in this state. Morris Co. v. Skandinavia Ins. Co., 161 Miss. 411, 137 So. 110.
Sanford Alford, Philadelphia, for appellee, Allstate Insurance Company.
I. Compliance with code provisions of code sections 1186 and 1189 of the Mississippi Code of 1942 pertaining to issuance and service of a summons on an appeal are jurisdictional and is prerequisite to entry of a valid judgment against company. Home Ins. Co. v. Watts, 229 Miss. 735, 91 So.2d 722, 93 So.2d 848; Secs. 1186, 1189, Code 1942.
II. The Circuit Court was correct in finding and adjudicating that the Court had no jurisdiction of the suit and in entering orders dismissing the suit for lack of jurisdiction. Cook v. State Farm Mutual Ins. Co., 241 Miss. 371, 128 So.2d 363; Act 55, Louisiana Laws 1930.
Appellant sued Gulf Coast Oil Company, Hartford Accident and Indemnity Company and All State Insurance Company.
The suit was for personal injuries alleged to have been received in the State of Louisiana by reason of the negligence of the employee of Gulf Coast Oil Company in the operation of a truck combining with the negligence of another person operating a car. It was alleged that Hartford Accident and Indemnity Company had issued a liability insurance policy covering the truck of Gulf Coast Oil Company involved in said accident, and that All State Insurance Company had issued a liability policy to the driver of the other automobile involved.
Judgment was sought for personal injuries and property damages against all three defendants, the effort being to secure direct judgment against the insurer of Gulf Coast Oil Company and to secure direct judgment against All State Insurance Company, whose insured was not joined in the suit.
Each of the insurance companies appeared and filed a motion to dismiss insofar as it was concerned. Each motion was sustained, dismissing the case insofar as the said insurance companies were involved. From such orders of dismissal, this appeal is taken.
It was claimed that the laws of Louisiana permitted a direct suit against the insurer, and that, therefore, suit could be brought in Mississippi directly against the insurance companies. (Hn 1) This matter has been before this Court and was definitely settled in the case of Cook v. State Farm Mutual Insurance Company, 128 So.2d 363, rendered March 27, 1961.
The action of the lower court in dismissing the case insofar as the two insurance companies were concerned was correct. The case is therefore affirmed.
Affirmed.
Lee, P.J., and Gillespie, McElroy and Rodgers, JJ., concur.