News
Governor signs House Bill 346, which will allow auto insurance companies to include, and rely upon, exclusions in their auto policies. Application of exclusions to deny or limit coverage to less than the statutory minimum liability limit was questionable after the Mississippi Court of Appeals ruling in Lyons v. Direct General Ins. Co., 138 So. 2d 930 (Ct. App. Miss.
Although the agency responsible for managing the federal flood insurance program has made progress in carrying out key changes mandated by Congress, they lack the resources and data to completely implement all changes.
http://bit.ly/199EvGe
This “expanding” scope of the “who can sue whom” may be moving into Mississippi as well. We are defending a suit where the plaintiff was a passenger in a car driven by her husband. They had an accident with a truck. Her husband died and she was injured. She sued the truck driver and got money in the settlement in one role on behalf of the estate as a wrongful death beneficiary of her husband and for her own injuries while claiming the truck driver was the sole (read, only) cause of the wreck.
Florida insurers could be at risk for liability for payment of a plaintiff's attorney's fees based on the language in their own policy. While it still appears that the majority of Florida courts will deny direct recovery of attorney’s fee awards from insurers when the recovery is based solely upon Florida’s proposal of settlement statute, Florida insurers may still be compelled to pay because of language contained in the insurance policy itself.
Some communications are just meant to be read not heard, especially those that include emoticons. U.S. District Judge Katherine Forrest of Manhattan recently ruled jurors should be instructed to read Internet communications from a defendant which included the popular smiley faces.
COME JOIN US ON MARCH 18-19, 2015
The Symposium offers participants the ability to receive up to 9 hours of continuing education credit in either property-casualty or life-health. This year’s keynote speaker is Glenn M. Renwick, Chairman, President and CEO of Progressive Insurance.
The event speakers, listed below,are outstanding :
Can franchisees be named as joint-employers in employee discrimination suits? The National Labor Relations Board has allowed a suit to go forward classifying McDonald’s as a joint-employer of its franchise locations. Read more about the NLRB’s decision:
http://www.insidecounsel.com/2015/01/23/new-mcdonalds-discrimination-suit-could-show-how-f?ref=nav
We’ve been closely following cases involving the 2010 Gulf of Mexico Oil Spill. The U.S. Supreme Court recently declined to hear an appeal by David Rainey, a former BP Plc executive named in U.S. v. Rainey. Rainey is charged with misleading Congress over the amount of oil spilled.
Reuters has the full story:
http://www.reuters.com/article/2015/01/26/us-usa-court-bp-idUSKBN0KZ1MX20150126
In M&G Polymers USA v. Tackett, the U.S. Supreme Court recently ruled on behalf of M&G Polymers USA in a suit brought by former employees of the company. Retirees of M&G Polymers had sued in 2006 when they were required to contribute to their healthcare costs. The retirees claimed their union agreement guaranteed them health benefits without requiring them to contribute. Although lower courts sided with the plaintiffs, the U.S. Supreme Court disagreed.
In 2005, as Hurricane Katrina ravaged the Mississippi Gulf Coast, it tore the Grand Casino barge from its moorings. Adrift, the barge rammed into Cherri Porter’s Biloxi beachfront home. Her ensuing insurance claim was declined because her policy excluded water damage. Porter claimed the policy does not exclude damage from “barges”.
After recent cyber-attacks, like the one in November against Sony Pictures Entertainment, President Obama is pushing for Congress to pass the stalled cyber security legislation. The President hopes to obtain bipartisan agreement with Republicans for legal protections for companies sharing threat data with the government. One of the major concerns of any bill regarding data sharing is the inappropriate monitoring of personal information.
Property/Casualty insurance executives overwhelmingly predict that 2015 will be the year of cyber insurance and merger and acquisitions growth. The Insurance Information Institute recently surveyed executives attending its annual Property and Casualty Insurance Joint Industry Forum. While cyber insurance did not make the 2014 list of concerns, in 2015 80% believe commercial insurers could experience major growth in cyber growth this year.
The following article was published in the Westlaw Journal on January 16, 2015. If the United States Supreme Court grants certiorari and issues an opinion the landscape for applying Medicare repayment rules may be clarified or made more confusing. We will keep you posted.
The United States Court of Appeals for the Fifth Circuit has recently addressed whether one party, subject to a forum selection clause, may have its claims severed and transferred from the claims of other parties in multi-party litigation. In In re: Rolls Royce Corp., No.
On December 8, 2014, without comment, the United States Supreme Court denied certiorari of BP’s last appeal (In other words, the Supreme Court declin
Webb Sanders and Williams is proud to announce that one of our members, Wayne Williams, was honored this month by Martindale-Hubbell with its highest rating, AV Preeminent. Based solely on peer reviews, the AV Preeminent rating confirms Wayne’s practice at the highest level of professional excellence.
On November 10, 2014, the United States Supreme Court, evoking an unusual process, granted Tracey Johnson’s Petition for Certiorari, reversed the 5th Circuit Court of Appeals decision that Johnson from which Johnson appealed, and remanded the case to the United States District Court for the Northern District of Mississippi. Ordinarily the U.S. Supreme Court will grant certiorari, after which time briefing will be completed and then argument heard, and finally a decision rendered.
We are proud to announce that two of our attorneys, Dan Webb and Wayne Williams, have been honored in the 2014 Mid-South Super Lawyers Magazine.
On October 22, 2014 one of our members, Dan Webb, presented a three hour seminar for the membership of the Financial Planning Association (FPA) of Northeast Mississippi at the Community Development Foundation Board Room in Tupelo, Mississippi. The FPA, comprised of professionals with expertise in many areas, including lawyers, insurance industry professionals, and estate planners, emphasizes continuing education and requires its members to take ethics courses as part of that emphasis. Dan dis
This month Martindale-Hubbell honored our firm, with its highest rating of AV Preeminent—which confirms our peers rank Webb Sanders and Williams at the highest level of professional excellence! Our Senior Member, Dan Webb, has received this designation for over 25 consecutive years.