T & S Express, Inc. v. Liberty Mut. Ins. Co.
Docket Number: | 2001-CA-00223-COA Linked Case(s): 2001-CA-00223-COA |
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Court of Appeals: |
Opinion Link Opinion Date: 03-25-2003 Opinion Author: Thomas, J. Holding: Reversed and Rendered |
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Additional Case Information: |
Topic: Insurance - Noncontractual implied indemnity - Legal obligation Judge(s) Concurring: McMillin, C.J., King and Southwick, P.JJ., Bridges, Lee, Irving, Myers, Chandler and Griffis, JJ. Procedural History: Jury Trial Nature of the Case: CIVIL - INSURANCE |
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Trial Court: |
Date of Trial Judgment: 08-29-2000 Appealed from: Leflore County Circuit Court Judge: W. Ashley Hines Disposition: JURY FOUND IN FAVOR OF LIBERTY MUTUAL AND ORDERED T&S TO PAY FULL INDEMNITY OF $298,000. Case Number: 96-0085 |
Party Name: | Attorney Name: | |||
Appellant: | T & S EXPRESS, INC. |
SAM STARNES THOMAS
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Appellee: | LIBERTY MUTUAL INSURANCE COMPANY | R. BRITTAIN VIRDEN R. BRITTAIN VIRDEN SAMUEL TRENT FAVRE |
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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. |
Topic: | Insurance - Noncontractual implied indemnity - Legal obligation |
Summary of the Facts: | Liberty Mutual Insurance Company sought indemnity against T&S Express, Inc. for a personal injury claim which Liberty paid on behalf of Norton Ramsey Motor Lines, Inc., its insured. A jury found against T&S on the indemnity claim and awarded Liberty full indemnification in the amount of $298,000. T&S appeals. |
Summary of Opinion Analysis: | Two prerequisites of noncontractual implied indemnity in Mississippi are the damages which the claimant seeks to shift are imposed upon him as a result of some legal obligation to the injured person and it must appear that the claimant did not actively or affirmatively participate in the wrong. Liberty, under a contractual obligation, defended Norton in the suit and contended that Norton was in no way at fault. Liberty then, upon denial of summary judgment, settled the case for $298,000. Liberty has never demonstrated in any forum that it was under a legal obligation to pay the sum of $298,000, or any other amount, on behalf of its insured, Norton Ramsey. Because there is no authority holding that the mere compromise of a disputed claim is the equivalent of the payment of a legal obligation within the meaning of the law relating to common law subrogation and it does not appear that the issue of whether Liberty Mutual’s settlement payment was in satisfaction of a legal obligation of Norton Ramsey was litigated and adjudicated at the trial level, Liberty Mutual has failed, as a matter of law, to establish critical facts necessary to support its claim for subrogation asserted against T&S. |
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