Legal Opinion · Dissent

Charter Oak Fire Insurance Co. v. B.J. Enterprises of Mississippi, LLC

Court of Appeals of Mississippi

Decided July 15, 2014No. 2012-CA-00519-COAPublished

1DissentJames, J.

¶ 35. I disagree with the majority’s conclusion that MCH did not have the right to waive subrogation against BJ. Firstly, I find that the jury’s general verdict in favor of BJ could have been based on a finding that BJ was not liable for the fire; therefore, the verdict should be affirmed. Nevertheless, I find no error with Jury Instructions 17 and 20 and would affirm the judgment of the circuit court; therefore, I respectfully dissent.

¶ 36. On appeal, Charter Oak raised the following issues: (1) whether the trial court erred in giving Jury Instructions 17 and 20, which submitted questions of…

2Cases cited14 opinions

  1. Fielder v. Magnolia Beverage Co.Mississippi Supreme Court · 1999
  2. Snapp v. HarrisonMississippi Supreme Court · 1997
  3. Burr v. Mississippi Baptist Medical CenterMississippi Supreme Court · 2005
  4. Nunnally v. RJ Reynolds Tobacco Co.Mississippi Supreme Court · 2004
  5. Illinois Central Railroad v. BrentMississippi Supreme Court · 2013

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