July 21, 2017
The Fifth Circuit Court of Appeals has affirmed a summary judgement for the firm’s client in the Emerald Coast v. BancorpSouth Insurance Services case. The trial and appeal proceedings were handled by firm attorneys, Jimmy Heidelberg and April McDonald, and dealt with a significant case regarding the duty of insurance agencies in Mississippi. The Plaintiff’s claimed their agent failed to determine and place “100% of replacement value” on their building although the insured directed the agent to place a specific dollar amount of coverage. After having the case dismissed by summary judgement at the district court level, the case was briefed and orally argued to the Fifth Circuit Court of Appeals. The Fifth Circuit adopted the district court’s reasoning for summary judgement and concluded their was no authority to support the recognition of Emerald Coast’s theory of recovery under Mississippi law.