Opinion

Luckett v. Mississippi Wood Inc.

  • 481 So. 2d 288
Court
Mississippi Supreme Court
Filed
Nov 27, 1985
Status
Published
Author
Hawkins
On the bench
Hawkins, Prather, Walker
Cited by
64 cases
Authority
More cited than 15.4%

extending Holland to allow a bad-faith refusal action against employers as well as insurance carriers notwithstanding workers’ compensation exclusivity provision

How later courts described this case

  • extending Holland to allow a bad-faith refusal action against employers as well as insurance carriers notwithstanding workers’ compensation exclusivity provision
  • extending the holding in Holland to allow intentional tort claims for bad faith denial of benefits against the employer (citing Holland, 469 So. 2d at 58 )
  • “Today we extend Holland to include a bad faith refusal action against the employer, as well as the carrier, and hold that [the plaintiff] may recover if he can prove his claim.”
  • extending the tort of bad faith refusal of workers compensation to employers as well as insurance carriers

Written by the judges who cited it.

The opinion

For the reasons stated in my dissenting opinion in Southern Farm Bureau Casualty Insurance Co. v. Holland, 469 So.2d 55 , 60 (Miss. 1984), and for that reason alone, in my view the circuit judge should have overruled the defendants' motion to dismiss.

It is only from the proof offered to support the plaintiff's claim that it can be determined whether his case is barred under our decision in Taylor v. United States Fidelity Guaranty Co., 420 So.2d 564 (Miss. 1982).

While the majority may have, in effect, overruled Taylor in the Holland decision, they have not actually confessed doing so. Yet.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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