Summary Judgment Awarded in Bad Faith Insurance Claim

June 13th, 2016

David Lee Gladden, Jr. recently obtained summary judgment on behalf of an insurer in the County Court of Rankin County, Mississippi.  The insurer was being sued for fraudulent misrepresentation, negligent misrepresentation, gross negligence, negligence, breach of contract and bad faith.  Plaintiff sought an award of $200,000, including punitive damages.  Plaintiff sold a vehicle to the insurer’s insured which was totaled in a one-car accident.  Plaintiff, seeking to recover as a unrecorded lien holder, sought damages from the insurer.  Gladden argued that Plaintiff’s claims against the insurer amounted to a direct action under Mississippi law.  After briefing and oral argument, the Court agreed and granted summary judgment in favor of the insurer.  The case was dismissed and no appeal was filed.  (38-order-granting-summary-judgment).