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SMITH v. SAFECO INS. CO. OF AMERICA

Civ. A. No. J84-0925(W).

704 F.Supp. 111 (1988)

Tony J. SMITH, Plaintiff, v. SAFECO INSURANCE COMPANY OF AMERICA, Defendant.

United States District Court, S.D. Mississippi, Jackson Division.

April 22, 1988.

Attorney(s) appearing for the Case

Paul Snow, Jackson, Miss., for plaintiff.

James D. Holland, Jackson, Miss., Kenneth R. Shuttleworth, Memphis, Tenn., for defendant.

MEMORANDUM OPINION AND ORDER

WINGATE, District Judge.

The questions addressed herein are two-fold: whether plaintiff policyholder violated a valid exclusionary clause contained in insurer's policy which protected insurer's subrogation rights by requiring policyholder to secure written permission from insurer before policyholder could settle with any tortfeasor; and whether plaintiff by filing a prior lawsuit on the policy for medical benefits is now barred...

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