Edwards v. Jackson Nat'l Life Ins. Co.
| Docket Number: | 2002-CA-00437-COA | |
| Court of Appeals: |
Opinion Link Opinion Date: 12-02-2003 Opinion Author: Irving, J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Insurance - Filing of cross-complaint - M.R.C.P. 15(a) Judge(s) Concurring: McMillin, C.J., King and Southwick, P.JJ., Bridges, Thomas, Lee, Myers and Chandler, JJ. Non Participating Judge(s): Griffis, J. Procedural History: Bench Trial Nature of the Case: CIVIL - INSURANCE |
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| Trial Court: |
Date of Trial Judgment: 02-06-2002 Appealed from: SUNFLOWER COUNTY CIRCUIT COURT Judge: Betty W. Sanders Disposition: DENIAL OF LEAVE TO FILE CROSS-CLAIM Case Number: 99-0502 |
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| Party Name: | Attorney Name: | |||
| Appellant: | PITTMAN EDWARDS |
DANA J. SWAN |
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| Appellee: | JACKSON NATIONAL LIFE INSURANCE COMPANY | WILLIAM C. BRABEC REBECCA L. HAWKINS |
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Synopsis provided by:  If you are interested in subscribing to the weekly synopses of all Mississippi Supreme Court and Court of Appeals hand downs please contact Tammy Upton in the MLI Press office. |
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| Topic: | Insurance - Filing of cross-complaint - M.R.C.P. 15(a) |
| Summary of the Facts: | Randy and Mary Andrews filed suit against Jackson National Life Insurance Company and Pittman Edwards, alleging fraud, intentional misrepresentation, fraudulent inducement, fraudulent concealment, civil conspiracy, breach of obligations of good faith and fair dealings, negligent misrepresentation, breach of fiduciary and quasi-fiduciary obligations, and gross negligence. The trial court ordered sua sponte that the case be referred to mediation and that such mediation be completed on or before July 3, 2001. On July 3, the parties requested an extension of the time for the completion of mediation which the court granted. On July 13, Edwards filed a motion for leave to file a cross-claim alleging that his sale of life insurance on behalf of Jackson National was part of a scheme of fraudulent and deceptive sale practices by Jackson National of which he was unaware until recently. Edwards later requested postponement of mediation until such time as the court could rule on the cross-claim motion. The judge dismissed the Andrewses' claims against Edwards and Jackson National and denied Edwards's motion for leave to file the cross-claim. Edwards appeals. |
| Summary of Opinion Analysis: | Edwards argues that the court abused its discretion in denying his motion, because there was no finding that Jackson National would suffer actual prejudice if the amendment was allowed. M.R.C.P. 15(a) provides that leave to amend should be freely given when justice so requires. Since prejudice to the opposing party is the key factor governing the court's discretion in granting leave to amend a pleading, the court will ordinarily refuse to grant such permission where the motion comes so late and in such circumstances that the right of the adverse party will necessarily be prejudicially affected. Notwithstanding the broad and far reaching allegations of Edwards's cross-claim, they are only tangential with the subject matter of the Andrewses' complaint. There is no compelling reason to warrant the conclusion that justice can only be served by allowing the cross-claim. This is especially so since Edwards was not seeking, in his cross-claim, to hold Jackson National liable for any damages which the Andrewses may have recovered against him because of his agency relationship with Jackson National. |
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