Legal Opinion · Dissent

Marsh v. Home Insurance Co.

Mississippi Supreme Court

Decided March 12, 1986No. 55327Published

1DissentPrather, Justice

Respectfully, I dissent from the majority view.

This case involves the interpretation of the provisions of an insurance policy. The trial judge reviewed those contract provisions and, as a matter of law, held that under the facts of this case there was no evidence of coverage under the felonious assault endorsement provision of the policy. A directed verdict was granted for the defendant/appellee.

The majority opinion recites the coverage provisions, the pertinent parts of which are:(1) Robbery or an attempted robbery of a fellow franchise store; or(2) Robbery ... or murder ... while traveling…

2Cases cited8 opinions

  1. Paymaster Oil Mill Company v. MitchellMississippi Supreme Court · 1975
  2. City of Jackson v. LocklarMississippi Supreme Court · 1983
  3. Stubblefield v. Jesco, Inc.Mississippi Supreme Court · 1985
  4. Weems v. American SEC. Ins. Co.Mississippi Supreme Court · 1984
  5. White v. Hancock BankMississippi Supreme Court · 1985

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