United States Court of Appeals for the Fifth Circuit United States Court of Appeals Fifth Circuit

FILED January 6, 2023 No. 21-60907 Lyle W. Cayce Clerk

DeMarkus Bradley, individually and on behalf of all others similarly situated; Angela Hawkins,

Plaintiffs—Appellants/Cross-Appellees,

versus

Viking Insurance Company of Wisconsin,

Defendant—Appellee/Cross-Appellant.

Appeal from the United States District Court for the Southern District of Mississippi USDC No. 3:20-CV-640

Before Jones, Southwick, and Ho, Circuit Judges. 1 Leslie H. Southwick, Circuit Judge. Two significant questions of Mississippi insurance law are posed in this appeal of a denial of coverage for an automobile accident. One is whether

1 Judge Ho would certify the questions presented in this appeal to the Mississippi Supreme Court. See, e.g., JCB, Inc. v. The Horsburgh & Scott Co., 941 F.3d 144, 145 (5th Cir. 2019). Case: 21-60907 Document: 00516600297 Page: 2 Date Filed: 01/06/2023

No. 21-60907

uninsured motorist coverage can be denied simply because the driver, who was the son of the insured, was not listed on the policy? We answer that question “no.” The other is whether the policy can be voided because the insured committed a material misrepresentation by failing in her application for insurance to name, as required, those of driving age who lived in her household? We answer that question “yes” and AFFIRM. FACTUAL AND PROCEDURAL BACKGROUND In March 2016, Angela Hawkins, DeMarkus Bradley’s mother, applied for an automobile insurance policy with Viking Insurance. The application required that certain other potential drivers be named: I understand that I must report to the Company all persons of legal driving age or older who live with me temporarily or permanently, including all children at college. I understand that I must report all persons who are regular operators of any vehicle to be insured, regardless of where they reside. The policy relevantly defined “regular operator” as a person old enough to drive who resides in the insured’s home. The application emphasized the importance of accuracy. One place it did so was to declare that Viking relied on the answers: We [Viking] rely upon you to provide us with accurate information. This policy, your application (which is made a part of this policy as if attached), and your Declarations Page include all the agreements between you and us relating to this insurance. If you have made any misrepresentations in your application or when subsequently asked, this policy may not provide any coverage. Further, the policy defined “misrepresentation” relatively broadly as providing information to us that is known by you to be false, misleading or fraudulent. This could be presented to us during

2 Case: 21-60907 Document: 00516600297 Page: 3 Date Filed: 01/06/2023