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Representative Cases

  • Federal Ins. Co. v. Singing River Health System 2015 WL 5794411 (S.D. Miss. Oct. 2, 2015) reversed in part by Federal Ins. Co. v. Singing River Health System, 850 F. 3d 187 (5th Cir. 2017)(obligation to pay independent counsel fees under eroding limits policy)
  • McGuffie v. Anderson Tulley Company, et al, (S.D. Miss. September 17, 2014)(No. 3:13cv888)(ERISA case involving claim for pension benefits; summary judgment granted in favor of Defendant Plan)
  • State Farm v. John Doe, 2014 WL 131584 (S.D. Miss. January 13, 2014)(No. 3:13cv1977)(dismissal of negligence claims based on statute of limitations grounds three years post application and receipt of policies)
  • Vaughn v. Carlock Nissan of Tupelo, Inc., 553 Fed.Appx. 438 (5th Cir. 2014)(upholding grant of summary judgment for employer on wrongful termination claim)
  • Jennings v. Shuler, 2014 WL 444008 (attorney malpractice; no duty to file financing statement)
  • Brief of Amici Curiae, PCI and Republic Underwriter’s Ins. Co., Amici Curiae Petition In Support of State Farm’s Petition for Rehearing and Petition for Rehearing En Banc, James v. State Farm Mutual Automobile Ins. Co., 2013 WL 5308618 (5th Cir.)(No. 11-60458)(whether investigation of UM claim by carrier could be divided and analyzed in segments to determine if insurer acted in bad faith).
  •  Babb v. Pacer-Pittman Propane LLC, (N.D. Miss.)(No. 1:11cv248)(fatality and multi-injury propane gas explosion)
  • State Farm v. Anderson, 2013 WL 1752374 (S.D. Miss. April 23, 2013)(No. 1:11cv304)(granting summary judgment finding on duty to defend or indemnify under CGL or D & O liability endorsement)
  • Buchert v. Meyers, 2013 WL 485866 (S.D. Miss. February 6, 2013)(No. 1:11cv381)(granting summary judgment for insurer on claim of bad faith breach of contract and vicarious liability for ordinary negligence of agent; granting summary judgment for agent on wrongful cancellation)
  •  Marlar v. Northeast Miss. Planning & Development Dist, 2012 WL 5904053 (N.D. Miss. November 26, 2012)(No. 1:11cv191)(granting summary judgment for planning district and director on basis that plaintiff had no standing as a third party to life insurance contract to contest payment)
  • EMCC v. Bourn, (S.D. Miss.)(No. 3:11CV209)(granting summary judgment for insurer, finding no coverage for claims of negligence in soil testing under CGL policy based on professional services endorsement and endorsement excluding injury or damage from errors in testing or evaluations)
  • Mitchell v. State Farm, 799 F.Supp.2nd 680 (N.D. Miss. 2011)(granting summary judgment for insurer finding no duty to defend or indemnify under homeowners or umbrella policy for claim of embezzlement, conversion, breach of contract)
  • Automobile Ins. Co. v. Lipscomb, 75 So.3d 557 (Miss. 2011)(coverage; no obligation to defend or indemnify under homeowners policy where loss arises out of business pursuits)
  • EMCC v. Normurray, 2011 WL 902032, 2010 WL 3001226, 2010 WL 1238429 (N.D. Miss.)(uninsured motorist death case reformation denied; summary judgment for insurer)
  • Penny Pinchers v. Outlaw, 2011 WL 1549419 (April 26, 2011)(premises liability)
  • EMCC v. Lane, et al, (S.D. Miss.)(No. 1:09cv710)(coverage; declaratory judgment of no coverage arising from death caused by carbon monoxide poisoning while occupant inside horse trailer that had been converted for human use)
  • Davis v. Walters, 54 So.3d 272 (May 4, 2010)(premises liability)
  • Wright v. Royal, 29 So.3d 109 (February 23, 2010)(premises liability)
  • Tucker v. Rees, 17 So.3d 122 (Miss. Ct. App. 2009)(products liability)
  • Vibrock v. Peerless, 2009 WL 799109 (N.D. Miss.)(products liability case dismissal on statute of limitations grounds)
  • O’Keefe v. State Farm, 2009 WL 95039 (S.D. Miss.)(Katrina; claims against federal district court had original and exclusive jurisdiction over insureds’ claim claims against the homeowners’ insurer related to its administration of a National Flood Insurance Program (NFIP) and the adjustment of the insureds’ Standard Flood Insurance Program (SFIP) policy including fraud and breach of contract claims related to the development and implementation of expedited handling procedures for flood insurance policy)
  • ANPAC v. Hicks, 2008 WL 919689 (N.D. Miss.) (fire case – no amounts available to insureds for damaged house over and above amounts paid to lien holder)
  • McIntosh v. State Farm, 2008 WL 1850094 (S.D. Miss.)(dismissal of fraud claims; bad faith litigation)
  • State Farm v. Stallworth, 2008 WL 821835 (S.D. Miss.)(coverage; holding that policies in suit were not ambiguous and the intentional acts exclusions in all three policies precluded coverage and that the “violation of a penal statute” under the facts of this case precluded coverage under a church policy for alleged sexual misconduct of a minister)
  • McIntosh v. State Farm, 2008 WL 941640 (S.D. Miss.)(Katrina; disqualification of counsel because of ethical violations ordered)
  • Williams v. Thompson, 962 So.2d 715, 718 (Miss. Ct. App. 2007)(suit against insurer, underwriter and agent dismissed holding that company had properly handled payments to former wife to whom complete title of the property had been granted as part of the divorce proceeding)
  • In Re State Farm, 254 Fed.Appx. 408 (Miss. 2007)(writ of mandamus re disqualification of Dickie Scruggs)
  • Williams v. Thompson, 962 So.2d 715, 718 (Miss. Ct. App. 2007)(insurance coverage wrongful termination of policy motion for summary judgment affirmed State Farm no wrongful termination)
  • MS Veterans v. State Farm, 492 F.Supp.2d 579 (Miss. 2007)(insurance coverage/bad faith motion to remand granted finding board acted as arm of state, no diversity)
  • Williams v. Thompson, 962 So.2d 715, 718 (Miss. Ct. App. 2007)(suit against insurer, underwriter and agent dismissed holding that company had properly handled payments to former wife to whom complete title of the property had been granted as part of the divorce proceeding)
  • Buchanan v. State Farm, 2007 WL 1031648 (S.D. Miss.) (Katrina; flood insurance – removal sustained based on Federal question jurisdiction in a case where the insurance claims handling and homeowners claim handling were comingled in complaint)
  • Gagne v. State Farm, 2006 WL 3335506 (S.D. Miss.)(Katrina; dismissal of claims based on alleged violation of constitutional rights under U.S.C. §1983 and dismissal of claims asserted against corporate officers and board members in bad faith litigation)
  • Brief of Amici Curiae AIC, NAMIC and PCI, Lisanby v. United Services Auto. Ass’n, 2006 WL 2466269 (S.D. Miss.)(No. 05-660) (enforceable flood exclusions in private policies essential to implementation of national flood policy)
  • Hill v. General Ins Company of America, 456 F.Supp.2d 757 (N.D. Miss, 2006)(summary judgment granted holding that homeowners insurer was not entitled to contribution from property insurer for any amount that homeowners insurer paid to homeowner due to home’s destruction by fire)
  • Pryor v. Safeway, 341 B.R. 571 (Bkrtcy, N.D. Miss., 2006)(bankruptcy; insurance; bad faith; order obtained determining that insurer had standing to reopen a bankruptcy case to request clarification of the court’s order and view of conduct of the debtor and, based on the evidence, judicial estoppels precluded the debtor, whose nondisclosures were not inadvertent from continuing her cause of action for contract and bad faith damages against the insurer)
  • Butler v. Upchurch Telecommunications & Alarms, Inc., 946 So.2d 387 (Miss. Ct. App. 2006)(products liability)
  • Berry v. Hardwick, 152 Fed.Appx. 371, 2005 WL 2652062 (C.A.5 (Miss), 2005)(an unpublished opinion) (Obtained ruling in the Court of Appeals for Fifth Circuit that dismissal of agent and SIU investigator was proper)
  • Syngenta v. Monsanto, 908 So.2d 121 (Miss. 2005)(case sustained argument that trial court lacked authority to subpoena documents located outside the state of Mississippi from a nonresident, nonparty corporation by service on that nonparties’ appointed agent for service of process)
  • Grammar v. Dollar, 911 So.2d 619 (Miss. Ct. App. 2005)(premises liability)
  • Dulin v. Sowell, 919 So.2d 1010 (Miss. Ct. App. 2005)(premises liability)
  • Janssen Pharmaceutical v. Jackson, 883 So.2d 91 (Miss. 2004)(joinder)
  • Briggs & Stratton v. Smith, 854 So.2d 1045 (Miss. 2003)(venue/jurisdiction)
  • Daulton v. Miller, 2001 WL 1540554 (May 9, 2002)(premises liability)
  • Haggans v. State Farm, 803 So.2d 1249 (Miss. App., 2002) (affirmed order holding that agent did not breach duties to procure insurance and, as result, the insurer had no liability to the insured based on vicarious liability)
  • Jefferson v. State Farm, 2001 WL 741642 (N.D.Miss.) (joinder/improper joinder – removal of bad faith litigation in which decision makers and investigator in arson case where joins the defendants; individual defendants dismissed)
  • Rhoden v. State Farm, 32 F.Supp.2d 907 (S.D. Miss. 1998)(coverage; bad faith; anti concurrent causation), aff’d 200 F. 3rd 815 (5th Cir. 1999)

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