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Geiselbreth v. Allstate Insurance Co.
C05.40274; 8 F.3d 281 (1993)
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Publisher Description
Per Curiam: Appellees filed suit to recover from Allstate on an excess coverage provision for uninsured motorist liability. The district court held that under the Mississippi Supreme Court's decision in Mississippi Farm Bureau Mut. Ins. Co. v. Garrett, 487 So. 2d 1320 (Miss.1986), they are entitled to collect $75,000, the limits of Allstate's excess coverage, notwithstanding that their damages and settlement with the primary carrier were far below the policy limits of the primary insurance. We disagree with the district court's interpretation of Garrett and accordingly reverse.