Justia Mississippi Supreme Court Opinion Summaries

Following the destruction of their home in Hurricane Katrina, Michael and Mary Robichaux filed suit in October, 2006, in the circuit court against their insurers, Nationwide Mutual Fire Insurance Company (Nationwide) and their agent, Jay Fletcher Insurance (Fletcher Insurance). Plaintiffs sought declaratory and injunctive relief, including indemnity under the insurance contract, compensatory and punitive damages, specific performance of the insurance contract, attorneys' fees, and court costs and expenses for what they alleged were uncompensated, covered losses under their homeowners' policy. Also included in the complaint were claims of fraud and bad faith by the insurer and its agent. The trial court ultimately granted summary judgment in favor of Nationwide and Fletcher Insurance based on the Plaintiffs' failure to establish a genuine issue of material fact that the home was damaged by wind, which was covered by the subject policy, rather than its having been destroyed by flood, which the trial court found was excluded under the policy. Alternatively, the trial court found that Plaintiffs failed to show they had suffered uncompensated losses due to their having received compensation under their flood policy. Upon review of Plaintiffs' appeal, the Supreme Court found that the trial court erred in granting summary judgment on the issue of whether Plaintiffs suffered uncompensated, wind damage to structures other than their dwelling, and to personal property. Accordingly, the Court remanded the case for further proceedings. View " Robichaux v. Nationwide Mutual Fire Insurance Co." on Justia Law

In 2006, a fire consumed an apartment building rented by Plaintiffs Paul Whittington, Jr. and Westbrook Cooper. Mr. Whittington died from injuries he sustained in the fire, while Mr. Cooper was injured but survived. The building was owned by Defendant William Lipscomb, and it was located on the same property as Mr. Lipscomb's residence. Plaintiffs sued Mr. Lipscomb and amended their complaint to seek declaratory judgment against Lipscomb's insurer, the Automobile Insurance Company of Hartford, Connecticut (AIC), on the issue of coverage. AIC filed a motion to sever and a motion for summary judgment, which the trial court denied. AIC filed two separate petitions for interlocutory appeal and requested that the Court consolidate the two issues raised in the separate petitions. After reviewing the complaint, together with the insurance policy and the relevant deposition testimony, the Supreme Court determined there was no genuine issue of material fact as to the issue of coverage, and that AIC’s motion for summary judgment should have been granted. AIC was dismissed from the case with prejudice. View "Automobile Ins. Co. of Hartford v. Lipscomb " on Justia Law

The Bank of Commerce (Bank) brought an action against SouthGroup Insurance and Financial Services, LLC (SouthGroup) and Norman White, an agent of SouthGroup, for negligent misrepresentations made by White regarding the type of liability insurance coverage they would need to purchase. The trial court granted summary judgment for SouthGroup and White on two grounds: (1) that the Bank’s claims are barred by the statute of limitations; and (2) that the damages sought by the Bank constituted a voluntary payment which may not be recovered under Mississippi’s voluntary payment doctrine. The Bank appealed the trial court’s decision. Upon review, the Supreme Court concluded that the three-year statute of limitations began to run when the Bank first received notice that it did not have entity coverage on January 18, 2005. When the Bank filed its claim against Defendants on July 17, 2008, the statute of limitations already had run, therefore barring the Bank’s claims against them. The Court affirmed the trial court's grant of summary judgment dismissing the Bank's case. View "Bank of Commerce v. Southgroup Insurance & Financial Services, LLC" on Justia Law

This case was an interlocutory appeal. Riverbend Utilities alleged that the trial court erred by: (1) adding Arch Insurance Company as an involuntary counterplaintiff, and (2) ordering Riverbend to make four individuals available for deposition. In August 2006, sewage backed up into a home occupied by Hugh Brennan, Shanda Brennan, Meranda Brennan, Diana Marut, and Sarah Marut1 (“the Brennans”) in Saucier. During discovery, Riverbend learned that the Brennans’ home had suffered damage from Hurricane Katrina in August 2005. In August 2009, with leave of the trial court, Riverbend counterclaimed, alleging that the Brennans had submitted the same invoices to Riverbend that they previously had submitted to their homeowner’s insurance provider and that they had been paid by that insurer. Upon review of the trial court record, the Supreme Court found that the trial court erred in ordering that Arch be made a party to the counterclaim. Furthermore, the Court held that the individuals noticed for depositions were not parties, Mississippi residents, or Riverbend employees, and concluded the trial court abused its discretion in ordering Riverbend to make them available for deposition. The Court reversed the trial court and remanded the case for further proceedings. View "Riverbend Utilities, Inc. v. Brennan" on Justia Law