High Court Revives Failed Self-Insurer's Tort Claims against Guaranty Association

A divided Mississippi Supreme Court last week revived a group self-insurer's negligence and bad-faith claims against the state Workers' Compensation Group Self-Insurer Guaranty Association, finding that the trial court had ruled prematurely that the organization was protected by the immunity afforded to political subdivisions of the state. A Madison County Circuit Court judge had ruled that the Mississippi Tort Claims Act barred the Comp Choice Self-Insurers Fund lawsuit against the association, as a matter of law, and three justices of the Supreme Court agreed. However, a narrow majo...