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Date: 01-10-2024
Case Style:
Case Number: 1:23-cv-00148
Judge: Sharion Aycock
Court: United States District Court for the Northern District of Mississippi (Monroe County)
Plaintiff's Attorney:
Defendant's Attorney: Aberdeen, Mississippi insurance defense lawyer represented the Defendant.
Description: Aberdeen, Mississippi insurance law lawyer represented the Plaintiff who sued the Defendant on a bad faith breach of insurance contract theory.
This case was filed in the Clay County Circuit Court, 23-CV-170K, and was removed to federal court by the Defendant.
Key elements of a bad faith claim in Mississippi:
Lack of arguable or legitimate basis for denial or delay: The insurance company must have denied or delayed your claim without a valid reason.
Willful or malicious wrong, or action with gross and reckless disregard for the insured's rights: The insurance company must have acted with intent to harm you or disregard your rights in a reckless manner.
Damages you may be able to recover:
Contractual benefits: The amount of money the insurance company should have paid under the policy.
Interest: Interest on the contractual benefits from the date they were due.
Expenses: Reimbursement for expenses incurred due to the denial or delay, such as medical bills or other related costs.
Pain and suffering: Compensation for emotional distress caused by the insurance company's actions.
Punitive damages: In some cases, you may be awarded punitive damages to punish the insurance company for its bad faith conduct.
Resources for further information:
Mississippi State Bar Association: https://www.msbar.org/
National Association of Insurance Commissioners: https://content.naic.org/
American Bar Association: https://www.americanbar.org/
Important notice: This information is intended for general knowledge only and should not be taken as legal advice. For specific legal guidance regarding your individual situation, please consult with a qualified attorney specializing in Mississippi insurance law.
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Outcome: Settled for an undisclosed sum and dismissed with prejudice.
Plaintiff's Experts:
Defendant's Experts:
Comments: