· 12/19/1984
Blue Cross & Blue Shield of Miss. v. Campbell
Citations
- 466 So. 2d 833
- 1984 Miss. LEXIS 2072
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- insurer's reliance on its medical staff's opinion constituted a arguable basis for denying claim
- plaintiff asking for punitive damages in \bad faith\ case has heavy burden
- plaintiff asking for punitive damages in \bad faith\ case has heavy burden
- trial court serves as gatekeeper in bad faith cases; if court finds insurer had “a reasonably arguable basis, either in fact or in law,” for its actions, the issue of bad faith should not go to the jury
- “[T]he plaintiff has a heavy burden to demonstrate to the trial court that there was no reasonably arguable basis for the insurance carrier to deny the claim. Unless he so demonstrates, the trial court as a matter of law is under a duty to remove any punitive damages claims_”
- court’s opinion on petition for rehearing
Source: CourtListener parenthetical corpus (CC0).
Judges: Hawkins
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.