Williams v. Thompson, et al.
| Docket Number: | 2005-CA-02038-COA | |
| Court of Appeals: |
Opinion Link Opinion Date: 07-17-2007 Opinion Author: LEE, P.J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Insurance - Summary judgment Judge(s) Concurring: KING, C.J., MYERS, P.J., IRVING, CHANDLER, BARNES, ISHEE, ROBERTS AND CARLTON, JJ. Non Participating Judge(s): GRIFFIS, J. Procedural History: Summary Judgment Nature of the Case: CIVIL - INSURANCE |
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| Trial Court: |
Date of Trial Judgment: 09-22-2005 Appealed from: LEFLORE COUNTY CIRCUIT COURT Judge: Margaret Carey-McCray Disposition: SUMMARY JUDGMENT IN FAVOR OF APPELLEES Case Number: 2001-0047-(L) |
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| Party Name: | Attorney Name: | |||
| Appellant: | ROBERT WILLIAMS |
LEMAN D. GANDY |
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| Appellee: | HUGH R. THOMPSON, IKE LONG AND STATE FARM FIRE & CASUALTY COMPANY | DAN W. WEBB AMY STOKES HARRIS ROECHELLE RYANN MORGAN |
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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 - Summary judgment |
| Summary of the Facts: | Robert and Angela Williams were joint owners of a home and property that was insured by a homeowners’ policy issued by State Farm Fire and Casualty Co. When the Williams divorced in 1998, Angela was awarded sole use and possession of the home. Angela forwarded a copy of the divorce decree to the couple’s State Farm agent, Hugh Thompson. In accordance with company guidelines, State Farm changed the policy, effective January 12, 2000, to reflect Angela as the named insured and Robert as an additional insured. On December 23, 1998, the home was damaged during an ice storm. The claim was not reported until December 1, 1999, and the loss was inspected by State Farm on December 20, 1999. State Farm issued a check for $1,746.43 for the damage to the house. The check was made out to Robert Williams and his mortgage company and was mailed to the address of the damaged home. The check was never cashed. Robert complained that he never received the check and a subsequent check was issued. However, the second check was issued to Angela Williams as State Farm was notified of the divorce decree awarding Angela sole use and possession of the home between the issuance of the first and second checks. The second check was never cashed and was later voided by the insurance company. In March 2000, Angela moved out of the marital home. Angela failed to meet the conditions of the divorce decree and was made to convey her interest in the property by warranty deed to Robert on June 15, 2000. On July 11, 2000, Robert re-applied for homeowners’ insurance on the house. Ike Long, underwriter for State Farm, informed Robert that his application for insurance coverage on the home would be cancelled as of September 11, 2000, because the home did not qualify for coverage since “the roof had been deteriorated in some areas and needed replacing.” This deterioration was a result of the ice storm in 1998 for which State Farm issued payment, but repairs were never made. Robert filed a complaint against State Farm, Thompson, and Long, alleging wrongful termination of the homeowners’ policy insuring the home. State Farm filed a motion to dismiss or, in the alternative, for summary judgment or, in the alternative, for partial summary judgment. The court granted summary judgment in favor of State Farm. Robert appeals. |
| Summary of Opinion Analysis: | Robert argues that it is disputed whether State Farm wrongfully paid Angela Williams solely, to the exclusion of Robert Williams, for the roof damage. This assertion does not present a genuine issue of material fact as the parties admit that State Farm correctly issued the check solely to Angela. Robert also argues that it is disputed whether State Farm, without reasonable justification, removed Robert from the homeowner’s policy. This issue is without merit as Robert was never removed from the policy but was changed to an additional insured. Robert argues that it is disputed whether State Farm wrongfully terminated his coverage under the second homeowner’s policy. State Farm declined to insure the home the second time because the roof needed replacing before a policy could be issued. Robert admitted that at the time he applied for homeowners’ insurance the roof had not been repaired. The reason for the termination of the second policy was the condition of the roof and was not related to the first policy. |
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