Mississippi Mun. Liability Plan v. Jordan

¶ 28. The chancery court had jurisdiction to hear this case under the Mississippi Tort Claims Act (MTCA), Miss. Code Ann. §§ 11-46-1 to -23 (Rev. 2002 Supp. 2003). Notwithstanding my agreement that the policy in question is a form of a self-insurance plan, the majority has misinterpreted the MTCA in determining that liability here is capped at $50,000. In addition, direct action against MMLP was proper in this case. Accordingly, I dissent.

CHANCERY COURT JURISDICTION

¶ 29. The Legislature has not precluded the chancery courts from hearing MTCA cases. See Miss. Code Ann. § 11-46-13(1).…