Andrus v. Ellis

887 So. 2d 175, 2004 WL 2473546
CourtMississippi Supreme Court
DecidedNovember 4, 2004
Docket2003-IA-01842-SCT
StatusPublished
Cited by51 cases

This text of 887 So. 2d 175 (Andrus v. Ellis) is published on Counsel Stack Legal Research, covering Mississippi Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Andrus v. Ellis, 887 So. 2d 175, 2004 WL 2473546 (Mich. 2004).

Opinion

887 So.2d 175 (2004)

Betty ANDRUS, Keith Barrett, Debera Bridges, Gary Coleman and Phillip Price
v.
Charlie C. ELLIS, Sammy Hancock, Azzie Mae Starr and Wanda N. Woods.

No. 2003-IA-01842-SCT.

Supreme Court of Mississippi.

November 4, 2004.

*176 H. Mitchell Cowan, Vikki J. Taylor, Jackson, John R. Chiles, Reid Stephens Manley, Robert D. Gholson, Marcus Douglas Evans, Laurel, attorneys for appellants.

T. Roe Frazer, F. Lee Bowie, Jackson, attorneys for appellees.

Before SMITH, C.J., CARLSON and DICKINSON, JJ.

CARLSON, Justice, for the Court.

¶ 1. On March 22, 2002, several Plaintiffs[1] filed suit against eight individual Defendants claiming that the Defendants fraudulently induced them to purchase credit insurance policies in connection with consumer loans made by Commercial Credit Corporation. Plaintiffs allege either that they were not aware that they had purchased credit insurance, or they were aware, but thought such was required to obtain the loans. All Defendants are either current or former employees of Commercial Credit, which is now known as CitiFinancial, Inc. Plaintiffs did not sue Commercial Credit.

¶ 2. Following discovery, Defendants filed two motions: one to sever and transfer and the other for summary judgment. A hearing before the circuit court was held regarding both. Both motions and Defendants' subsequent motion for interlocutory appeal certification were denied. On August 21, 2003, this Court granted Defendants' motion for emergency stay and request for interlocutory appeal. See M.R.A.P. 5. No brief has been submitted on the Plaintiffs' behalf.

¶ 3. Finding that the claims are barred by Miss.Code Ann. § 15-1-49 (Rev.2003), this Court reverses and renders the trial court's denial of summary judgment.

FACTS

¶ 4. Plaintiffs jointly commenced this action alleging that the Defendants fraudulently and negligently induced them to purchase various types of credit insurance in connection with their loans.[2] The transactions at issue are independent of each other, and all occurred from 1988 to 1995 while the Defendants were employees of Commercial Credit.

¶ 5. The facts surrounding the Plaintiffs' loans are as follows:

Charles C. Ellis

¶ 6. Ellis's claim is based on two loans and against Defendants Coleman and Andrus, *177 former employees of Commercial Credit. Both loans were transacted at the Hattiesburg office of Commercial Credit. Ellis contracted for credit life and credit disability insurance in connection to both loans.

¶ 7. The first loan was prepared by Coleman and agreed to on August 1, 1991. Ellis testified that he believed the credit insurance was required but only remembered it being recommended to him or suggested that "he needed it." Ellis received copies of the documents resulting from the transaction, which he kept at home. Ellis testified that he read part of the document, but he did not remember reading the insurance disclosure. He testified that had he read the documents he would have known that the insurance was not required. There was no testimony that after receiving the loan he had any further contact with the Defendants regarding the loan or insurance.

¶ 8. The second loan was on January 16, 1993. Ellis was unsure who solicited him but he alleged that it was either Defendant Andrus or Boleware. This loan was wholly separate from the 1991 loan, which at this time was paid off. During his deposition, Ellis stated that he wanted credit insurance in case something happened to him and that is why he accepted it. There was no testimony that after receiving the loan he had any further contact with the Defendants regarding the loan or insurance.

Sammy Hancock

¶ 9. Hancock received several loans from Commercial Credit. He admitted that he requested credit disability insurance in connection to each loan, but claimed that he was unaware that he also contracted for credit life and property insurance. He testified that there was no discussion between him and the employees of Commercial Credit concerning credit life and property insurance. Hancock actually collected disability benefits under the coverage he purchased. As a result of these benefits, his loan was paid in full. Hancock can read and received copies of the loan documents, which he kept at home.

¶ 10. Hancock's first loan was on June 23, 1993, and was prepared by Defendant Bridges-Pankowski. He claims that Bridges-Pankowski never told him that he was purchasing credit life and property insurance in connection to this loan. He testified that he only requested credit disability.

¶ 11. Hancock's next loan was on October 4, 1993, and again handled by Defendant Bridges-Pankowski. Hancock admitted that during this transaction he knew that he was purchasing credit life and property insurance. He testified that he reviewed the documents at home following the transaction. He made no objections.

¶ 12. Hancock renewed this loan on November 25, 1994. It is unclear which Commercial Credit employee handled the transaction. Hancock testified that he again was aware that he was purchasing credit life and property insurance and that he assumed the loan was being renewed under the same terms. Hancock did not remember any discussion between him and employees of Commercial Credit regarding insurance.

¶ 13. The final transaction was on August 23, 1995, when Hancock renewed the previous loan. Again, he was aware that he had credit disability, life and property coverage. His recollection was that he became aware of this after he reviewed the documents several weeks later.

Azzie Mae Starr

¶ 14. Starr obtained a loan on November 8, 1995. Her claim is against Defendant Moss. Starr purchased only property insurance and paid a one-time fee. Starr *178 testified that she remembered being told that she needed to get property insurance. Starr testified that she read the loan documents, which she saved at home. She never objected to the insurance. Starr did not know she was suing individual Defendants and did not recall anything that employees at Commercial Credit told her was untrue.

Wanda Woods

¶ 15. The claims of Woods and her husband were against Defendants Barrett and Coleman.[3] She obtained three loans, with the first being on November 20, 1988. As collateral for this loan, Woods pledged her mobile home. Woods believed that she had bought credit health insurance, not life or disability, in connection with her loan. She thought credit insurance was required to receive the loan. She does not remember who prepared the loan, and none of the named Defendants signed the documents in connection with the loan.

¶ 16. Her second loan was obtained on August 13, 1990. With a one time premium, she purchased credit life insurance in connection to this loan. Though she could not remember who, Woods testified that an employee represented to her that she was purchasing health insurance which was required. Woods signed beside the disclosure of credit life premium on the promissory note and disclosure statement. Also, contained in the loan agreement was a disclosure statement informing her that credit insurance was optional. Woods testified that she understood the disclosure statement and that the loan agreement indicated that credit insurance was not mandatory.

¶ 17. Woods's second loan was on February 17, 1994.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Untitled Case
S.D. Mississippi, 2026
Stringer v. Remington Arms
52 F.4th 660 (Fifth Circuit, 2022)
In re: Chinese-Manufactured
Fifth Circuit, 2020
F & S Sand, Inc. v. Stringfellow
265 So. 3d 170 (Mississippi Supreme Court, 2019)
Peoples Bank of Biloxi, Mississippi v. John McAdams
171 So. 3d 505 (Mississippi Supreme Court, 2015)
Nurdan Aydin v. Marty Daniels
179 So. 3d 1171 (Court of Appeals of Mississippi, 2015)
Charles B. Benvenutti v. John McAdams
162 So. 3d 808 (Mississippi Supreme Court, 2015)
Alexander v. Wyeth
897 F. Supp. 2d 489 (S.D. Mississippi, 2012)
Trustmark National Bank v. Meador
81 So. 3d 1112 (Mississippi Supreme Court, 2012)
Smith v. DIMA HOMES, INC.
74 So. 3d 377 (Court of Appeals of Mississippi, 2011)
Bennett v. Hill-Boren P.C.
52 So. 3d 364 (Mississippi Supreme Court, 2011)
Fryar v. Sav-Amil, Ltd. Liability Corp.
401 F. App'x 909 (Fifth Circuit, 2010)
Whitaker v. LIMECO CORP.
32 So. 3d 429 (Mississippi Supreme Court, 2010)

Cite This Page — Counsel Stack

Bluebook (online)
887 So. 2d 175, 2004 WL 2473546, Counsel Stack Legal Research, https://law.counselstack.com/opinion/andrus-v-ellis-miss-2004.