Hurricane Sally appears headed to the Mississippi Sound and Louisiana. Adjusters already working Hurricane Laura claims will be shifting efforts to Hurricane Sally. While there is legal authority suggesting that causation can be determined in Louisiana appraisals,1 Mississippi has long held that causation issues will not be allowed in appraisal and that a lawsuit will have to determine those issues.2
Continue Reading Mississippi Does Not Allow Causation to Be Determined In Appraisal

On August 17, 2018, the 49th anniversary of Hurricane Camille, the benchmark in Mississippi for devastation and survivability prior to the impact of Hurricane Katrina in 2005, the Mississippi Insurance Department (“MID”) filed its adoption of Rule 34.11 to amend the Mississippi Homeowner Insurance Policyholder Bill of Rights (“Policyholder Bill of Rights”) to include an Outline of Coverage and Comprehensive Policyholder Checklist.1
Continue Reading Mississippi is “Moving Slow as Molasses in January”

The principle that once you give something, you can’t ask for it back has been deeply ingrained since childhood. It is born from the idea that when you give, you give freely and without obligation. Like many playground rules, the principle has worked its way into law. The Voluntary Payment Doctrine (VPD) made its first appearance in civil law in the English case of Bilbie v. Lumley holding “that the money having been paid with full knowledge, or with full means of knowledge of all the circumstances could not now be recovered back again.”1
Continue Reading The Voluntary Payment Doctrine: No Takebacks!

Hurricane Karen made a name for herself last week when she swirled and blew into the Gulf Coast region. She shied away just before making an impact in Texas but made she made it a point to stop by the Mississippi Gulf Coast region. Previously, I gave you a snippet of the statute of limitations for Texas and Arkansas property claims. This week, I’ll give you a brief snapshot of the Mississippi statute of limitations so you can be ready for the next named storm.

Continue Reading The Nuts and Bolts of the Mississippi Statute of Limitations

A statute of limitations determines the limit for when a lawsuit can to be filed. Failure to file by that deadline may bar the action forever. The statute of limitations was raised as a defense in a recent property insurance case in Mississippi, Greater Trueway Apostolic Church v. Church Mut. Ins. Co., 2012 WL 1143947 (S.D. Miss. April 4, 2012).

Continue Reading Mississippi Law Prohibits Parties From Extending Or Shortening Statute Of Limitations By Contract