At 1:30 today, the Court will hear oral argument in the interlocutory appeal of Former Board of Trustees of the Mississippi Comp. Choice Self Ins. Fund v. Mississippi Workers Comp. Self Insurance Fund –
In Jan. 2009, the Bd of Trustees of Miss.Comp. Choice voluntarily surrendered their Certificate of Authority as a group self insurer to the Miss.Workers Comp. Comm. A month later the MWCC declared Comp Choice a self insurer in default and the Miss,Workers Comp. Self Ins. Fund was given responsibility for administering the fund.
Comp Choice filed suit in Hinds County against MWC Self Ins. Fund for negligence and bad faith in its administration of the Comp Choice Fund (wasting the Fund’s money, paying AmFed too much to handle existing claims, wrongfully withholding $300,000 in premium deposits belonging to members of the Fund). The complaint was amended and transferred to Madison County. MWC Self Ins. moved to dismiss arguing that it is immune under the Tort Claims ACt. The Circuit Court dismissed it on these grounds bit allowed Comp Choice an opportunity to amend its complaint, which it did. But Comp Choice also filed this interlocutory appeal which the Justices granted.
Comp Choice’s brief
MWC Self Ins. Fund
Comp Choice’s Rebuttal
Watch the argument here at 1:30
The panel consists of Justices Dickinson, Pierce and Coleman. In the beginning, much discussion about what is a “state agency”.