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| Caldwell Freight Lines, Inc. v. Lumbermens Mut. Cas. Co., NO. 2006-CA-00088-SCT,
SUPREME COURT OF MISSISSIPPI, February 1, 2007, Decided
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Overview: Catastrophe policy, by its plain language, covered only losses in excess of $ 1,000,000; catastrophe policy issuer paid the amount it contracted to pay and, consequently, was not liable for any gap in coverage caused by insured's primary insurer's insolvency. Catastrophe policy issuer did not owe insured duty to defend.
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| Flowers v. State, NO. 2004-DP-00738-SCT,
SUPREME COURT OF MISSISSIPPI, February 1, 2007, Decided
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Overview: In a capital murder case, defendant's rights under the Equal Protection Clause were violated by the State's continuous striking of African-American jurors, whose views on the death penalty were virtually indistinguishable from similarly situated white jurors who went unchallenged by the State, thereby raising an inference of racial discrimination.
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| Greater Canton Ford Mercury, Inc. v. Ables, NO. 2005-CA-01316-SCT,
SUPREME COURT OF MISSISSIPPI, February 1, 2007, Decided
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Overview: Issue of whether allegations of fraudulent behavior were subject to arbitration agreement was properly decided by arbitrator, not court, and there were no legal constraints external to agreement that would foreclose arbitration, court having found no allegation of fraudulent inducement and no defense presented as to why provision was unenforceable.
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| Owens Corning v. Miss. Ins. Guar. Ass'n, NO. 2005-CA-01450-SCT,
SUPREME COURT OF MISSISSIPPI, February 1, 2007, Decided
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Overview: Trial court correctly granted Mississippi Insurance Guaranty Association's motion for summary judgment on corporation's action for declaratory relief and damages where, pursuant to Miss. Code Ann. § 83-23-109(f), underlying tort claimants were not claimants, the corporation was; however, residency was not met, and claim was not a covered claim.
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