Page 38 - Reservation of Rights - Special Edition

MISSISSIPPI
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the insured or the insurer. Taylor v. Fireman’s Fund Ins. Co., 306 So. 2d 638, 640, 645 (Miss. 1974).
Estoppel
In Southern Farm Bureau, on the same day that the insurer wrote to the insured to deny a duty to defend, a default judgment was entered in favor of the plaintiff against the insured. The court held that the letter to the insured on the day of the default judgment rendered the insurer liable for the amount of the judgment. An insurer’s assumption of the insured’s defense may give rise to a duty to continue such defense. An insurer that withdraws from the defense of the
A reservation of rights letter should state that the insurer is investigating whether coverage exists for a claim and should recite the relevant portions of the policy and the allegations of the Complaint against the insured. Moeller v. Am. Guar- antee & Liab. Ins. Co., 707 So. 2d 1062 (Miss. 1996). A non- waiver agreement must state that any action taken by the insurer does not “waive or invalidate any of the conditions” of the policy and does not “waive or invalidate any rights” of
2018 ReseRvation of Rights - special edition
MISSISSIPPI
Anderson, Crawley & Burke, pllc is a Mississippi law firm headquartered in Jackson, Mississippi. ACB’s attorneys represent businesses, the insurance community, and governmental entities throughout Mississippi in a broad spectrum of practice areas. The commitment of its members to excellence, fairness, and honesty is the basis for the success of the firm’s attorneys and for the recognition they have achieved in their careers.
ACB views its mission as that of a strategic partner with its clients in managing the risk associated with litigation, and that vision has solidified the relationships between ACB’s attorneys and the firm’s clients.
The firm was founded in 2003, but the roots of the firm’s history run to the 1970’s when Jim Anderson, ACB’s Managing Member, entered the world of workers’ compensation first as a Claims Professional and then as a Claims Supervisor/Administrative Assistant with the Mississippi Workers’ Compensation Commission. His career has remained focused primarily on workers’ compensation issues involving the defense of employers and carriers in litigation, mediation of disputes.
Tim Crawley graduated from Duke University in 1982, and the University of Mississippi law school
in 1985, and his legal career began on the Mississippi Gulf Coast in the mid-1980’s, before moving
to Jackson, MS, in 1998. Tim has appeared in court in 69 of Mississippi’s 82 counties, has over 40 reported decisions to his credit, and has handled virtually every kind of case for which liability or risk is covered by insurance.
Practice Areas: Workers’ Compensation; General Liability; Medical Device Liability; Premises Liability; Products Liability; Professional Liability; Director and Officer Liability; Health Care, Nursing & Pharmacy Liability; Government Torts & Public Liability; Defense Litigation Management; Longshore and Harbor Workers’ Act; Personal Injury; Administrative Law; Appellate Advocacy; Transportation Law; Business Planning and Operations; Construction Law; Governmental Relations; Insurance Regulation Labor and Employment Law.
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