Legal Opinion
James C. Dial, Sr. v. The Hartford Accident and Indemnity Company
Court of Appeals for the Fifth Circuit
Decided January 12, 1989No. 88-4472PublishedCited by 17 opinions
1Opinion of the Court
CLARK, Chief Judge:
James C. Dial brought this action for a tortious breach of contract against his employer’s workers’ compensation carrier. On the motion of the insurer, the United States District Court for the Northern District of Mississippi dismissed the complaint without prejudice because Dial’s petition to the Mississippi Workers’ Compensation Commission, which has exclusive jurisdiction to decide the underlying contract claim, is still pending. We affirm.
Dial was employed by the Mississippi Gravel Company, which was insured by a workers’ compensation policy issued by the Hartford…
2Cases cited6 opinions
- State Farm Fire and Cas. Co. v. SimpsonMississippi Supreme Court · 1985
- McCain v. Northwestern Nat. Ins. Co.Mississippi Supreme Court · 1986
- Robert Avery, Cross-Appellants v. Maremont Corporation, Cross-AppelleeCourt of Appeals for the Fifth Circuit · 1980
- Day-Brite Lighting Division, Emerson Electric Company v. CummingsMississippi Supreme Court · 1982
- Powers v. Travelers InsuranceDistrict Court, S.D. Mississippi · 1987
1 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Armistead v. C & M Transport, Inc.Court of Appeals for the First Circuit · 1995
- Cincinnati Indemnity Co. v. a & K Construction Co.Court of Appeals for the Eighth Circuit · 2008
- Nolan ex rel. Estate of Johnson v. Boeing Co.Court of Appeals for the Fifth Circuit · 1990
- Zuke v. Presentation Sisters, Inc.South Dakota Supreme Court · 1999
- Bullock v. AIU Ins. Co.Mississippi Supreme Court · 2008
12 more not listed; retrieve them via the Exa API.