The Lee decision today located here ends the 14 year fight about whether an insured could have made a UM claim when a first responder was not reckless. It overturns McGlothin and outright scolds the Fifth Circuit for their mental “gymnastics” and inaccurate Erie guess. The Mississippi Legislature amended the statute at issue again in 2020, so this case really only applies to pre-2020, post 2009 cases. This decision arises from two trial court rulings in different cases.
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