Legal Question in Personal Injury in Mississippi
Arizona Statutes as they apply to other states
I need to know how Arizona Statutes apply to the state of Mississippi. Specifically; how A.R.S. 20-259-01 as it pertains to ''stacking'', uninsured and underinsured motorist coverage's would apply to an accident that happened in Mississippi?. Thanks!
3 Answers from Attorneys
Re: Arizona Statutes as they apply to other states
If the accident occurred in Mississippi, generally Mississippi law would govern. Probably, your insurance policy states that the law of Arizona would govern. If it does, that law will probably govern. If the policy is silent about which law governs, Miss. would use the law of the state with the most significant relationship to the policy - i.e. its center of gravity test. Reference Bates v. State Farm 733 So. 2d 320 (Miss COA 1998).
Re: Arizona Statutes as they apply to other states
This is a question that involves substantive law versus procedural law. I personally believe this is a substantive law question so that if the policy says Arizona law governs then the court would probably rule that the Arizona statute governs the stacking aspect of the case. However, in the absence of clear definition in the policy as to which state law governs then Mississippi, being the place where the accident occured, would probably be the governing jurisdiction on this question. If you would like to discuss the matter further with a free telephone consultation, I can be contacted at 615.742.0833 or by e-mail at [email protected].
Re: Arizona Statutes as they apply to other states
Most likely, Mississippi law would not apply, presuming that your Arizona UM policy provides that Arizona law would apply. Check your policy. If it doesn't expressly provide that Arizona law applies, Mississippi law might apply based on the circumstances surrounding the accident. You would probably need to hire a Mississippi lawyer to analyze this for you.