Bryant, et al v. Johnson

*Circuit Judge of the Ninth Circuit, sitting by designation.
**Pursuant to 5TH CIR. R. 47.5, the Court has determined that
this opinion should not be published and is not precedent except
under the limited circumstances set forth in 5TH CIR. R. 47.5.4.
UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 99-30591
JOANNE BRYANT; JEFFREY BRYANT,
Plaintiffs-Appellants,
VERSUS
MICHELLE R. JOHNSON, ET AL., Defendants,
USAA CASUALTY INSURANCE COMPANY,
Defendant-Appellee.
Appeal from the United States District Court
for the Eastern District of Louisiana
(98-CV-1909-D)
March 13, 2000
Before DAVIS, CYNTHIA HOLCOMB HALL* and SMITH, Circuit Judges.
PER CURIAM:**
This appeal is controlled by Woodfield v. Bowman, 193 F.3d 354
(5th Cir. 1999), which we decided after the district court rendered
judgment in this case. Under the interest analysis test applied by
Woodfield, Mississippi law governs the Bryants’ claim against their
uninsured motorist carrier, USAA. Applying Mississippi substantive
law, the Bryants are permitted to stack insurance coverage. See
U.S. Fidelity & Guaranty Co. v. Ferguson, 98 So.2d 77, 79 (Miss.

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1997). The Bryants have two vehicles covered by USAA’s policy.
Each vehicle has an uninsured motorist limit of $100,000.
Therefore, under Mississippi law the Bryants have $200,000 in
uninsured motorist coverage under their two USAA policies.
Accordingly, the judgment of the district court is vacated and
this case is remanded for further proceedings consistent with this
opinion.
VACATED and REMANDED.

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