Holcomb Dunbar - North Mississippi Attorneys

Insurance Law From A to Z Series – Joint and Several Liability

Summary Mississippi Insurance Law CoverIt’s time for the next installment of Holcomb Dunbar law series “Insurance Law from A to Z.”  This was put together by our litigation group  who practice in the insurance law arena.  Of course, if you have questions about these or any other topics please do not hesitate to contact us.

This week’s installment – Joint and Several Liability

Since 2004, simple negligence actions apply only several liability.  A party is only responsible for his share/percentage of apportioned fault.

Joint and several liability only exists in Mississippi when individuals knowingly pursue a common plan or design to commit a tortious act.  Fellow defendants acting in concert have a right of contribution between one another.  Miss. Code Ann. § 85-5-7.

All participants to the occurrence, including any absent tortfeasors, must be considered in the apportionment of fault.  Estate of Hunter v. General Motors Corp, 729 So. 2d 1264, 1272-73 (Miss. 1999).  See also Contribution.

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The information contained in this post is for general guidance on matters of interest only.  The application and impact of laws can vary widely based on the specific facts involved. Given the changing nature of laws, rules and regulations, there may be omissions or inaccuracies in information contained in this report.  Accordingly, the information in this report is provided with the understanding that the authors are not herein engaged in rendering legal, tax, or other professional advice and services.  As such, it should not be used as a substitute for consultation with legal or other competent advisers.  Before making any decision or taking any action, you should consult with your counsel or the attorneys at Holcomb Dunbar.

2018