Amer Hlth Life Ins v. Farmer

CourtCourt of Appeals for the Fifth Circuit
DecidedJune 10, 2002
Docket01-60601
StatusUnpublished

This text of Amer Hlth Life Ins v. Farmer (Amer Hlth Life Ins v. Farmer) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fifth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Amer Hlth Life Ins v. Farmer, (5th Cir. 2002).

Opinion

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 01-60594

AMERICAN HEALTH AND LIFE INSURANCE COMPANY; TRITON INSURANCE COMPANY,

Plaintiffs - Appellees, versus

IVA JOHNSON Defendant - Appellant.

No. 01-60595

AMERICAN HEALTH AND LIFE INSURANCE COMPANY; TRITON INSURANCE CO Plaintiffs - Appellees

v.

ELLIS B LANG

Defendant - Appellant

No. 01-60596

AMERICAN HEALTH AND LIFE INSURANCE COMPANY; TRITON INSURANCE COMPANY

Plaintiffs - Appellees

CHARLES LAWRENCE

Defendant - Appellant No. 01-60597

AMERICAN HEALTH AND LIFE INSURANCE COMPANY; TRITON INSURANCE COMPANY

REGINALD V LOWERY

No. 01-60598

AMERICAN HEALTH AND LIFE INSURANCE COMPANY; TRITON INSURANCE COMPANY

ETTA MELTON

No. 01-60599

AMERICAN HEALTH AND LIFE INSURANCE COMPANY; TRITON INSURANCE COMPANY

HELEN MORANT

No. 01-60600

AMERICAN HEALTH AND LIFE INSURANCE COMPANY; TRITON INSURANCE COMPANY

2 Plaintiffs - Appellees

DANIEL DAVIS

No. 01-60601

AMERICAN HEALTH AND LIFE INSURANCE COMPANY; TRITON INSURANCE COMPANY

MARILYN FARMER

No. 01-60602

AMERICAN HEALTH AND LIFE INSURANCE COMPANY; TRITON INSURANCE COMPANY

ETHYL MAE GILL

No. 01-60603

AMERICAN HEALTH AND LIFE INSURANCE COMPANY; TRITON INSURANCE COMPANY

3 ZETTIE GRAHAM

No. 01-60604

AMERICAN HEALTH AND LIFE INSURANCE COMPANY; TRITON INSURANCE COMPANY

LAURA HAIRSTON

No. 01-60605

AMERICAN HEALTH AND LIFE INSURANCE COMPANY; TRITON INSURANCE COMPANY

Plaintifffs - Appellees

ROBERT HALBERT

No. 01-60606

AMERICAN HEALTH AND LIFE INSURANCE COMPANY; TRITON INSURANCE COMPANY

LOUISE HARRELL

4 No. 01-60607

AMERICAN HEALTH AND LIFE INSURANCE COMPANY; TRITON INSURANCE COMPANY

TINA HART

No. 01-60608

AMERICAN HEALTH AND LIFE INSURANCE COMPANY; TRITON INSURANCE COMPANY

DAVID HILL; GLENDA ANN HILL

Defendants - Appellants

No. 01-60609

AMERICAN HEALTH AND LIFE INSURANCE COMPANY; TRITON INSURANCE COMPANY

WILLIE ARTHUR HODGES, SR; LULA D HODGES

No. 01-60610

AMERICAN HEALTH AND LIFE INSURANCE COMPANY; TRITON INSURANCE COMPANY

5 Plaintiffs - Appellees

VIOLET R JOHNSON

No. 01-60611

AMERICAN HEALTH AND LIFE INSURANCE COMPANY; TRITON INSURANCE COMPANY

ELLSWORTH NASH

No. 01-60612

AMERICAN HEALTH AND LIFE INSURANCE COMPANY; TRITON INSURANCE COMPANY

HOWARD PRATT

No. 01-60613

AMERICAN HEALTH AND LIFE INSURANCE COMPANY; TRITON INSURANCE COMPANY

6 v.

DELORES SANDERS

No. 01-60614

AMERICAN HEALTH AND LIFE INSURANCE COMPANY; TRITON INSURANCE COMPANY

JERRY SMITH

No. 01-60616

AMERICAN HEALTH AND LIFE INSURANCE COMPANY; TRITON INSURANCE COMPANY

EARNEST STALLINGS; LUTISHIA STALLINGS

No. 01-60617

AMERICAN HEALTH AND LIFE INSURANCE COMPANY; TRITON INSURANCE COMPANY

JOE STALLINGS

7 Defendant - Appellant

Case No. 01-60619

AMERICAN HEALTH AND LIFE INSURANCE COMPANY; TRITON INSURANCE COMPANY

ANGEL SYKES

No. 01-60620

AMERICAN HEALTH AND LIFE INSURANCE COMPANY; TRITON INSURANCE COMPANY

TWANDA BRAZZLE

No. 01-60621

AMERICAN HEALTH AND LIFE INSURANCE COMPANY; TRITON INSURANCE COMPANY

CHARLIE BREWER; IZELLA BREWER

No. 01-60622

8 AMERICAN HEALTH AND LIFE INSURANCE COMPANY; TRITON INSURANCE COMPANY

MICHAEL W BROWN

No. 01-60623

AMERICAN HEALTH AND LIFE INSURANCE COMPANY; TRITON INSURANCE COMPANY

ARGAIL CARTER

No. 01-60624

AMERICAN HEALTH AND LIFE INSURANCE COMPANY; TRITON INSURANCE COMPANY

VELMA CLARK

No. 01-60625

AMERICAN HEALTH AND LIFE INSURANCE COMPANY; TRITON INSURANCE COMPANY

9 Plaintiffs - Appellees

GLORIA COTTON

No. 01-60626

AMERICAN HEALTH AND LIFE INSURANCE COMPANY; TRITON INSURANCE COMPANY

LINDA TAYLOR

No. 01-60627

AMERICAN HEALTH AND LIFE INSURANCE COMPANY; TRITON INSURANCE COMPANY

TRAVIS WILKINS; LOUISE WILKINS

No. 01-60628

AMERICAN HEALTH AND LIFE INSURANCE COMPANY; TRITON INSURANCE COMPANY

10 Plaintiffs - Appellees

REGINALD WHITE; TYREE WHITE

No. 01-60629

AMERICAN HEALTH AND LIFE INSURANCE COMPANY; TRITON INSURANCE COMPANY

HENRY YOUNG; ANNIE YOUNG

No. 01-60630

AMERICAN HEALTH AND LIFE INSURANCE COMPANY; TRITON INSURANCE COMPANY

RICHARD SMITH

No. 01-60631

AMERICAN HEALTH AND LIFE INSURANCE COMPANY; TRITON INSURANCE COMPANY

11 Plaintiffs - Appellees

B J HARVEY; LOUISE HARVEY

Appeals from the United States District Court for the Northern District of Mississippi (1:01-CV-110)

June 7, 2002

Before DAVIS, EMILIO M. GARZA, and STEWART, Circuit Judges.

PER CURIAM:*

Iva Johnson (“Johnson”) appeals the district court’s order referring the above case to

arbitration pursuant to the Federal Arbitration Act (“FAA”). For the reasons stated herein, we affirm.

FACTUAL AND PROCEDURAL HISTORY

This case involves the sale of credit-related insurance to Iva Johnson and several other

similarly situated individuals (collectively the “Defendants”). The Defendants obtained one or more

consumer loans from CitiFinancial, Inc. (“CFI”) at CFI’s Mississippi offices in Columbus,

Greenwood, Starkville, or Tupelo. As a prerequisite for receiving the loans, the Defendants were

* Pursuant to 5th CIR. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th CIR. R. 47.5.4.

12 required to purchase credit-related insurance. The purpose of credit-related insurance is to provide

security for the repayment of a loan, in the event that the borrower is disabled or injured, or collateral

is impaired. CFI gave the Defendants the option of purchasing their insurance from either American

Health and Life Insurance Company (“American”) or Triton Insurance Company (“Triton”).

American and Triton are wholly owned subsidiaries of CFI. In connection with the loan, the

Defendants signed a document entitled “Disclosure Statement, Note and Security Agreement”

(“Agreement”), which essentially constituted the loan contract. The Agreement contained a

mandatory arbit ration provision, requiring that all claims or disputes in connection with the loan

transaction be submitted to binding arbitration. Despite this provision, the Defendants independently

filed suit in state court against American, Triton, and employees of CFI (the “Plaintiffs”) alleging

fraud, negligent misrepresentation, breach of fiduciary duty, and negligence in relationship to the

consumer loan transactions.

Shortly thereafter, the Plaintiffs filed an action in federal district court seeking to compel

arbitration. They alleged that, in connection with the loan, the Defendants signed a contract

containing a mandatory arbitration clause, and thus, arbitration was required pursuant to the FAA.

The Defendants filed motions to dismiss pursuant to Rule 12(b)(6) of the Federal Rules of Civil

Procedure, asserting that Mississippi law forbids arbitration clauses in insurance policies. In support

of their contention, the Defendants submitted an affidavit from the Mississippi Insurance

Commissioner, and an opinion from the State Attorney General. By written order, the district court

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Amer Hlth Life Ins v. Farmer, Counsel Stack Legal Research, https://law.counselstack.com/opinion/amer-hlth-life-ins-v-farmer-ca5-2002.