Oral arg. – COA – THURSDAY – Oct. 15, 2015

At 10:00 the COA will hear Michael McDonald and Sharon Crutchfield v. Lemon-Mohler Ins. Agency in which the plaintiffs sued their insurance agency for failure to advise them they that did not have wind coverage.

The McDonalds purchased a property in Ocean Springs in 2005 from Anchor Realty.  Anchor had had wind coverage on the house it was building there which expired on September 9, 2005. “At some point prior to the closing, Mr. McDonald asked [Anchor Realty owner] Danny Jalanovich whether the property was insured, and Mr. Jalanovich replied that it was.”  Apparently Lemon Mohler sent a letter to Anchor in January 2005 that the wind coverage had expired but Anchor denied getting notice. The house was completely destroyed by Katrina.  The McDonalds sued the insurance agency claiming that they had a duty to inform them after the agency was specifically asked.  A jury found for the defendant.  The McDonalds appealed.

McDonalds’ brief

Lemon Mohler’s brief

McDonalds’ rebuttal brief  

Watch the argument here.

I corrected this to get the date right since I originally headlined this as happening Wednesday, Oct. 14.  Maybe I can get time to figure out exactly what it is the defendant did or did not do to give rise to the claim.  I figure that must be buried in the  statement of the facts somewhere.

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