Owens Corning v. Miss. Ins. Guar. Ass'n
| Docket Number: | 2005-CA-01450-SCT Linked Case(s): 2005-CA-01450-SCT ; 2005-CA-01450-SCT |
|
| Supreme Court: | Opinion Link Opinion Date: 02-01-2007 Opinion Author: COBB, P.J. Holding: AFFIRMED |
|
| Additional Case Information: |
Topic: Insurance - Mississippi Insurance Guaranty Association - Covered claim - Section 83-23-109 (f) Judge(s) Concurring: SMITH, C.J., WALLER, P.J., EASLEY, CARLSON, DICKINSON AND RANDOLPH, JJ. Dissenting Author : GRAVES, J. J. Concurs in Result Only: DIAZ, J. Procedural History: Summary Judgment Nature of the Case: CIVIL - INSURANCE |
|
| Trial Court: |
Date of Trial Judgment: 06-20-2005 Appealed from: MADISON COUNTY CIRCUIT COURT Judge: William E. Chapman, III Disposition: Granted Appellee's Motion for Summary Judgment |
|
| Party Name: | Attorney Name: | |||
| Appellant: | OWENS CORNING |
ALAN W. PERRY
JAMILA KAMARIA ALEXANDER
MITCHELL F. DOLIN
BRENT F. POWELL |
||
| Appellee: | MISSISSIPPI INSURANCE GUARANTY ASSOCIATION | MICHAEL WAYNE BAXTER CHARLES G. COPELAND ROBERT LOUIS GOZA ANDY LOWRY JAMES D. HOLLAND |
|
|
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 - Mississippi Insurance Guaranty Association - Covered claim - Section 83-23-109 (f) |
| Summary of the Facts: | Between September 1979 and September 1982, Owens Corning, a publicly held Delaware corporation with its principal place of business in Ohio, purchased three insurance policies from Southern American Insurance Company with a combined face limit of $17 million. Southern was licensed to transact insurance business in Mississippi, making it a member of the Mississippi Insurance Guaranty Association. Southern was declared insolvent and placed in liquidation by a court in Utah where it was then headquartered. In an effort to recoup the losses it suffered due to asbestos litigation including $135 million attributable to claims brought by Mississippi residents, Owens Corning first sought coverage from the Ohio Insurance Guaranty Association which denied Owens Corning’s claim because Southern was not licensed in Ohio. Owens Corning then turned to MIGA to collect on its insurance policy with Southern. Owens Corning filed an action for declaratory relief and damages in the Madison County Circuit Court. MIGA filed a motion for summary judgment based on Owens Corning’s lack of residency. The court granted summary judgment for MIGA, and Owens Corning appeals. |
| Summary of Opinion Analysis: | The central question in this case is whether Owens Corning’s claim is a covered claim under section 83-23-109 (f) which requires that the insured or the claimant be a resident of Mississippi in order to fall under MIGA’s umbrella. Owens Corning argues that this language gives it the right to use the underlying tort claimants’ (in the asbestos lawsuits) residency to force MIGA to take action. The underlying tort claimants are not currently asserting claims. Therefore, they are not “claimants” within the meaning of section 83-23-109 (f). Owens Corning is asserting a claim and therefore is the statutory “claimant” and “insured” but is not a resident. Thus, the residency requirement is not satisfied and Owens Corning’s claim is not a “covered claim.” Therefore, the trial court correctly granted MIGA’s motion for summary judgment. |
Home | Terms of Use | About the JDP | Feedback | Using JDP | MC Law Library | Mississippi Supreme Court
