Legal Opinion

Essinger v. Liberty Mutual Fire Insurance

Court of Appeals for the Fifth Circuit

Decided July 7, 2008No. 07-60376PublishedCited by 21 opinions

1Opinion of the Court

SOUTHWICK, Circuit Judge:

We deny the petition for rehearing. We discuss only one of the issues that was presented in the petition, but all have been considered.

The Essingers argue that an issue we raised sua sponte in our original opinion should result in reversal and remand. We disagree. The initial opinion gave the broader context for our discussion of the punitive damage issue by pointing out that *451Mississippi caselaw provides for more than one form of damages when an insurance company has tortiously breached its contract. The equity in Mississippi’s approach arises from the fact that an…

2Cases cited2 opinions

  1. Universal Life Ins. Co. v. VeasleyMississippi Supreme Court · 1992
  2. Broussard v. State Farm Fire & Casualty Co.Court of Appeals for the Fifth Circuit · 2008

3Cited by21 opinions

  1. Rollins v. Home Depot USACourt of Appeals for the Fifth Circuit · 2021
  2. Harris v. FedEx Corporate ServicesCourt of Appeals for the Fifth Circuit · 2024
  3. Essinger v. Liberty Mut. Fire Ins. Co.Court of Appeals for the Fifth Circuit · 2008
  4. Spansel v. State Farm Fire & Casualty Co.District Court, S.D. Mississippi · 2010
  5. Thomas v. Ameritas Life InsuranceCourt of Appeals for the Fifth Circuit · 2022

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