14 Mississippi opinions name it 1 courts 1918–2013 0 in the last five years
The cases below were cited by Mississippi courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
Weems v. American SEC. Ins. Co.green2 sentences1992For example, the punitive-damages issue should not be submitted to the jury in cases involving an insurer who wrongfully denied a claim because of `clerical error or honest mistake' though `objectively speaking, [error or mistake does not constitute an] arguable reason for failure to honor a just claim.' Andrew Jackson, 566 So.2d at 1185-86 , quoting Weems, 486 So.2d at 1227 . 1990Co., 486 So.2d at 1227 ("[C]lerical error or honest mistake" constitutes a defense to imposition of punitive damages "though objectively speaking the insurer has no arguable reason for failure to honor a just claim."); Southern United Life Ins. | 2 | 3 |
Consolidated Am. Life Ins. Co. v. Tochegreen2 sentences1986Where the failure to pay the claim is the result of "a clerical error or honest mistake", State Farm Fire & Casualty Co. v. Simpson, 477 So.2d at 250 ; Consolidated American Life Insurance Co. v. Toche, 410 So.2d 1303, 1306 (Miss. 1982), punitive damages do not lie though objectively speaking the insurer has no arguable reason for failure to honor a just claim. 1985Where the failure to pay the claim is the result of "a clerical error or honest mistake", State Farm Fire & Casualty Co. v. Simpson, supra ; Consolidated American Life Insurance Co. v. Toche, 410 So.2d 1303, 1306 (Miss. 1982), punitive damages do not lie though objectively speaking the insurer has no arguable reason for failure to honor a just claim. | 2 | 2 |
Williams v. Masongreen1 sentence1991See Williams v. Mason, 556 So.2d 1045 , 1050 (Miss. 1990); Ethridge v. Estate of Paul, 196 So.2d 530 , 532 (Miss. 1967). | 1 | 1 |
Southern United Life Ins. Co. v. Cavesgreen1 sentence1990Co., 481 So.2d at 769 (Notwithstanding absence of an arguable basis, punitive damages may be unjustified in a case *1188 involving an "honest mistake or oversight ordinary or simple negligence not reaching the heightened status of an `independent tort.'"); Consolidated Am. | 1 | 1 |
Bankers Life & Cas. Co. v. Crenshawgreen1 sentence1987See, e.g., Blue Cross & Blue Shield of Miss., Inc. v. Maas, 516 So.2d 495, 496 (Miss. 1987); Weems v. American Security Insurance Co., 486 So.2d 1222, 1226 (Miss. 1986); Bankers Life & Casualty Co. v. Crenshaw, 483 So.2d 254, 269 (Miss. 1985). | 1 | 1 |
Blue Cross & Blue Shield v. Maasgreen1 sentence1987See, e.g., Blue Cross & Blue Shield of Miss., Inc. v. Maas, 516 So.2d 495, 496 (Miss. 1987); Weems v. American Security Insurance Co., 486 So.2d 1222, 1226 (Miss. 1986); Bankers Life & Casualty Co. v. Crenshaw, 483 So.2d 254, 269 (Miss. 1985). | 1 | 1 |
McCann v. Clarke Countygreen2 sentences1918The particular value of the use and easement in the abutting highway is obvious, especially for purposes of egress, ingress, and access, and when the landowner is deprived of this incidental benefit and advantage by the county, his property is depreciated in value on account thereof, and his private property right has been taken for public use, in that the act of the public authorities in abandoning a road is in the public interest, and presumably for the public advantage, and in that way the abandonment of the road is “the taking or damaging of private property” of the abutting owner “for pub 1918The particular value of the use and easement in the abutting highway is obvious, especially for purposes of egress, ingress, and access, and when the landowner is deprived of this incidental benefit and advantage by the county, his property is depreciated in value on account thereof, and his private property right has been taken for public use, in that the act of the public authorities in abandoning a road is in the public interest, and presumably for the public advantage, and in that way the abandonment of the road is “the taking or damaging of private property” of the abutting owner “for pub | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Mississippi. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Aetna Ins. v. Robertson
green
2 sentences2013Co. v. Robertson, 127 Miss. 440 , 90 So. 120 (1921). 2013Co. v. Robertson, 127 Miss. 440 , 90 So. 120 (1921). | 2 | 2012–2013 |
State Farm Fire and Cas. Co. v. Simpson
green
2 sentences1986Where the failure to pay the claim is the result of "a clerical error or honest mistake", State Farm Fire & Casualty Co. v. Simpson, 477 So.2d at 250 ; Consolidated American Life Insurance Co. v. Toche, 410 So.2d 1303, 1306 (Miss. 1982), punitive damages do not lie though objectively speaking the insurer has no arguable reason for failure to honor a just claim. 1985Where the failure to pay the claim is the result of "a clerical error or honest mistake", State Farm Fire & Casualty Co. v. Simpson, supra ; Consolidated American Life Insurance Co. v. Toche, 410 So.2d 1303, 1306 (Miss. 1982), punitive damages do not lie though objectively speaking the insurer has no arguable reason for failure to honor a just claim. | 2 | 1985–1986 |
Andrew Jackson Life Ins. Co. v. Williams
green
1 sentence1992For example, the punitive-damages issue should not be submitted to the jury in cases involving an insurer who wrongfully denied a claim because of `clerical error or honest mistake' though `objectively speaking, [error or mistake does not constitute an] arguable reason for failure to honor a just claim.' Andrew Jackson, 566 So.2d at 1185-86 , quoting Weems, 486 So.2d at 1227 . | 1 | 1992–1992 |
Ethridge v. Estate of Paul
green
1 sentence1991See Williams v. Mason, 556 So.2d 1045 , 1050 (Miss. 1990); Ethridge v. Estate of Paul, 196 So.2d 530 , 532 (Miss. 1967). | 1 | 1991–1991 |
King v. Vicksburg Railway & Light Co.
green
2 sentences1973Due compensation is what ought to be made, i.e., what will make the owner whole pecuniarily for appropriating or injuring his property by any invasion of it cognizable by the senses, or by interference with some right in relation *384 to property whereby its market value is lessened as the direct result of the public use." (Emphasis added). 88 Miss. at 486-487 , 42 So. at 205 . 1973Due compensation is what ought to be made, i.e., what will make the owner whole pecuniarily for appropriating or injuring his property by any invasion of it cognizable by the senses, or by interference with some right in relation *384 to property whereby its market value is lessened as the direct result of the public use." (Emphasis added). 88 Miss. at 486-487 , 42 So. at 205 . | 1 | 1973–1973 |
Central Optical Merchandising Co. v. Estate of Lowe
green
2 sentences1967Central Optical Merchandising Co. v. Estate of Lowe, 249 Miss. 61 , 160 So.2d 673 (1964). 1967Central Optical Merchandising Co. v. Estate of Lowe, 249 Miss. 61 , 160 So.2d 673 (1964). | 1 | 1967–1967 |
Bishop v. Chickasaw County
neutral
2 sentences1963In Bishop v. Chickasaw County, 182 Miss. 147 , 180 So. 395 , the court held that the plaintiff, ex Sheriff and Tax Collector, had to first present his claim properly dated and itemized to the Board of Supervisors for allowance before he could institute suit. 1963In Bishop v. Chickasaw County, 182 Miss. 147 , 180 So. 395 , the court held that the plaintiff, ex Sheriff and Tax Collector, had to first present his claim properly dated and itemized to the Board of Supervisors for allowance before he could institute suit. | 1 | 1963–1963 |
Bank of Duncan v. Brittain
neutral
2 sentences1953In the cases of Bank of Duncan v. Brittain, et al, 92 Miss. 545 , 46 So. 163 , and Parks v. Granger, 96 Miss. 503 , 51 So. 716 , it was held that the attorney’s fee was a part of the demand sned on in determining the jurisdiction of a justice of the peace court. 1953In the cases of Bank of Duncan v. Brittain, et al, 92 Miss. 545 , 46 So. 163 , and Parks v. Granger, 96 Miss. 503 , 51 So. 716 , it was held that the attorney’s fee was a part of the demand sned on in determining the jurisdiction of a justice of the peace court. | 1 | 1953–1953 |
Parks v. Granger
green
2 sentences1953In the cases of Bank of Duncan v. Brittain, et al, 92 Miss. 545 , 46 So. 163 , and Parks v. Granger, 96 Miss. 503 , 51 So. 716 , it was held that the attorney’s fee was a part of the demand sned on in determining the jurisdiction of a justice of the peace court. 1953In the cases of Bank of Duncan v. Brittain, et al, 92 Miss. 545 , 46 So. 163 , and Parks v. Granger, 96 Miss. 503 , 51 So. 716 , it was held that the attorney’s fee was a part of the demand sned on in determining the jurisdiction of a justice of the peace court. | 1 | 1953–1953 |
Johnston v. Craig
neutral
2 sentences1921And this court evidently regarded such practice as admissible in Johnston v. Craig, 61 Neb. 98 , 84 N. W. 606 .” The law requiring security by bond for appeals with supersedeas rests upon the just principle that the successful litigant shall be saved harmless from loss, and secured in the fruits of his victory. 1921And this court evidently regarded such practice as admissible in Johnston v. Craig, 61 Neb. 98 , 84 N. W. 606 .” The law requiring security by bond for appeals with supersedeas rests upon the just principle that the successful litigant shall be saved harmless from loss, and secured in the fruits of his victory. | 1 | 1921–1921 |
Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.