Oral arg. – Miss.S.Ct. – Nov. 29, 2016

At 1:30 the Mississippi Supreme Court will hear The Former Board of Trustees and Members of Mississippi Comp Choice Self Insurers Fund v. Mississippi Workers Compensation Group Self Insurer Guaranty Association.

Comp Choice was a group of employers who entered into agreements to pool their workers’ compensation liabilities together for the purpose of qualifying as group self-insurers.  In  2009, the Workers Comp. Commission entered an Order ending Comp Choice’s authority to act as a self-insurer and ordered that it would be administered by the Self-Insurer Guaranty Association. In 2010, Comp Choice filed suit against the Guaranty Fund alleging that it was wasting Comp Choice assets by, among other things,  conducting and paying for an unnecessary investigations,  negligently and in bad faith preparing premium audits without detailed underwriting data, etc.  The Guaranty Fund  argued that it was entitled to discretionary function immunity. The  trial court agreed and granted summary judgment.  Comp Choice appealed.

comp-choice-brief

guaranty-fund-brief

comp-choice-reply-brief

Watch the argument here.

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