Newberry v. Cotton States Mutual Insurance

Ellington, Judge.

Cotton States Mutual Insurance Company was granted summary judgment on this declaratory judgment action against its insured, Labron Newberry. Newberry appeals on two grounds, that counsel for Cotton States should have been disqualified because an attorney-client relationship existed with Newberry and that summary judgment was improper because issues of fact remain as to whether Newberry’s notice to Cotton States was timely.

In December 1996, Newberry and his wife attended a social function in Mississippi sponsored by her employer. During the party, Newberry became involved in…