Legal Opinion
Powers v. Travelers Insurance
District Court, S.D. Mississippi
Decided July 20, 1987No. Civ. A. J86-0522(B)PublishedCited by 19 opinions
1Opinion of the Court
MEMORANDUM OPINION AND ORDER
BARBOUR, District Judge.
The Court has before it the Motion of The Travelers Insurance Company to Dismiss, or in the Alternative, to Stay Proceedings in this action for bad-faith refusal to pay workers’ compensation insurance benefits. The Court holds first that the action was properly removed to federal court. The Court holds next that the bad-faith claim may not proceed before the validity of the underlying compensation claim has been established by administrative adjudication. Since the underlying claim is now before the Mississippi Workers’ Compensation…
2Cases cited8 opinions
- Southern Farm Bureau Cas. Ins. v. HollandMississippi Supreme Court · 1984
- Aetna Cas. & Sur. Co. v. DayMississippi Supreme Court · 1986
- Luckett v. Mississippi Wood Inc.Mississippi Supreme Court · 1985
- McCain v. Northwestern Nat. Ins. Co.Mississippi Supreme Court · 1986
- Leathers v. Aetna Cas. & Sur. Co.Mississippi Supreme Court · 1987
3 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- William Jones v. Roadway Express, Inc.Court of Appeals for the Fifth Circuit · 1991
- Patin v. Allied Signal, Inc.Court of Appeals for the Fifth Circuit · 1996
- Walls v. Franklin Corp.Mississippi Supreme Court · 2001
- Zuke v. Presentation Sisters, Inc.South Dakota Supreme Court · 1999
- James C. Dial, Sr. v. The Hartford Accident and Indemnity CompanyCourt of Appeals for the Fifth Circuit · 1989
14 more not listed; retrieve them via the Exa API.