Geske v. Williamson

945 So. 2d 429, 2006 WL 3593157
CourtCourt of Appeals of Mississippi
DecidedDecember 12, 2006
Docket2004-CA-01730-COA
StatusPublished
Cited by8 cases

This text of 945 So. 2d 429 (Geske v. Williamson) is published on Counsel Stack Legal Research, covering Court of Appeals of Mississippi primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Geske v. Williamson, 945 So. 2d 429, 2006 WL 3593157 (Mich. Ct. App. 2006).

Opinion

945 So.2d 429 (2006)

Virginia GESKE, Individually, and as Administratrix of the Estate of Jerald J. Geske, Deceased, Appellant
v.
Danny R. WILLIAMSON, Appellee.

No. 2004-CA-01730-COA.

Court of Appeals of Mississippi.

December 12, 2006.

*430 Larry O. Norris, John D. Smallwood, Hattiesburg, attorneys for appellant.

Lara A. Coleman, David A. Barfield, Jackson, attorneys for appellee.

Before MYERS, P.J., GRIFFIS, and BARNES, JJ.

BARNES, J., for the Court.

¶ 1. Virginia Geske appeals the Circuit Court of Covington County's judgment for defendant Danny R. Williamson, after a jury returned a verdict in his favor. Geske argues that the circuit court erred in allowing Williamson to admit evidence at trial regarding the Geskes's collateral sources of recovery and testimony of related pending litigation. We find no error and affirm the circuit court decision.

STATEMENT OF FACTS AND PROCEDURAL HISTORY

¶ 2. Prior to 2001, Jerald Geske was employed by Mike Barnes Trucking Company (MBTC). While employed there, Jerald was diagnosed with mesothelioma, a cancer of the lining of the lungs, usually caused by exposure to asbestos. Because of his illness, Jerald became unable to work, but maintained his health insurance at MBTC for himself and his wife through COBRA payments.

¶ 3. In January 2001, Danny Williamson, a Mississippi-licensed insurance agent who sold group insurance policies in the area, made a sales call to MBTC to inquire about the status of its group health insurance. Mike Barnes, the owner of MBTC, told Williamson he had recently decided he was going to drop his company's current group health insurance policy because it was becoming too expensive, but he was undecided as to whether he would replace it. Barnes decided to obtain quotes from Williamson on individual policies for his employees.

¶ 4. Thereafter, Barnes advised Williamson that he had a former employee, Jerald Geske, who had health insurance on his policy through COBRA payments. Barnes inquired what he could do to help the Geskes obtain health insurance, since he was terminating the company's group policy. Barnes was aware that because of Jerald's mesothelioma, Jerald had been receiving *431 numerous medical services.[1] Williamson testified that he was under the assumption that Barnes was cancelling his group health insurance, and thus COBRA would no longer cover the Geskes. Williamson advised Barnes that he thought the only coverage for the Geskes would be the Mississippi Assigned Risk Pool (Risk Pool).[2]

¶ 5. Around March to April 2001, Williamson, at Barnes's request, asked him to bring a Risk Pool brochure and application to a meeting Barnes had arranged with the Geskes to explain that he was terminating the company's group health insurance and to answer any questions the Geskes may have. During this meeting, Barnes explained to the Geskes that they could apply to the Risk Pool, and it would provide health insurance for them.

¶ 6. Soon after, Williamson asked Barnes if, while he was quoting individual policy rates for MBTC employees, he could submit an application to United Healthcare (UHC) for a group health insurance policy for MBTC. Barnes allowed Williamson to submit an application for group health insurance to UHC, but stated he would not necessarily accept it. At this time Barnes also decided against individual health insurance policies for his employees because of the expense.

¶ 7. Before submitting the UHC health insurance application, Williamson called UHC and specifically asked if a former employee in Jerald's situation, making COBRA payments, would be eligible for the new health insurance policy under UHC. The UHC representative replied negatively, since the new policy would not be considered a replacement policy, under the assumption that MBTC's old policy had already been terminated.

¶ 8. On April 12, 2001, Williamson submitted the MBTC group health insurance application to UHC. The UHC application, completed by MBTC, did not include coverage for people with serious lung diseases, nor did it state that any former employees were currently under COBRA coverage. At trial, Williamson maintained that he was under the impression all of the information on the application was correct, because he believed at this time that Barnes had cancelled his former insurance policy and that the Geskes were in the process of applying for the Risk Pool insurance. UHC ultimately approved MBTC's application. Barnes agreed to the terms of the application and the company started group health insurance coverage with UHC on June 15, 2001.

¶ 9. Also in June, MBTC called Williamson and asked if he would meet with the Geskes again and pick up their completed Risk Pool insurance application. On or about June 14, 2001, Barnes, Williamson, Mr. and Mrs. Geske, and the Geskes's daughter, Virginia Anderson, met at MBTC. Williamson picked up the Geskes's Risk Pool application, along with a check for the first premium. One application question which Williamson was to complete as the agent asked when prior health insurance coverage had been terminated, and because Williamson did not know the answer, he called Barnes. Barnes told him the former policy had been terminated May 15, 2001.[3]

*432 ¶ 10. The Risk Pool received the Geskes's application on July 16, 2001. The Risk Pool then contacted Williamson requesting written documentation of the termination of MBTC's prior coverage and asking whether a replacement policy was obtained. Barnes, under Williamson's advice, wrote a letter dated August 7, 2001 to the Risk Pool stating that "[o]ur group insurance . . . terminated on May 15th, 2001, and there was no replacement policy obtained." The Geskes contended that Williamson lied in this statement, because the Geskes considered the UHC policy as directly replacing the former policy. Williamson maintained that he and Barnes were truthful because the UHC policy did not directly replace the former policy, since there was about a thirty-day gap in coverage.[4]

¶ 11. While the Geskes's insurance application was being considered by the Risk Pool, their daughter, Virginia Anderson, ran into some MBTC employees at a local pharmacy. She found out from them that MBTC possibly had a new group health insurance policy. She called the Risk Pool and informed them of this. She also made a call to a benefits advisor with the U.S. Department of Labor. Soon after, a representative from the Risk Pool, Ronda Winston, wrote Anderson a letter dated September 6, 2001, stating that the Geskes would not be eligible for Risk Pool insurance, as Jerald would be eligible for COBRA under MBTC's new group policy. Williamson testified at trial that he received a copy of this letter too, as submitting agent, so he called Winston to find out what had occurred. He stated Winston implied that the Geskes had withdrawn their Risk Pool application. Thus, Williamson called Anderson, advising her not to withdraw her parents' Risk Pool application until "we get this all handled" by either obtaining coverage from the Risk Pool or UHC. Otherwise, the Geskes would be without health insurance coverage. Anderson, on her parents' behalf, did not follow this advice.

¶ 12. On September 5, 2001, in response to Anderson's call to the Labor Department, Williamson received a letter from them advising him that because of certain IRS provisions pertaining to ERISA, Jerald Geske may be eligible for UHC coverage.

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Cite This Page — Counsel Stack

Bluebook (online)
945 So. 2d 429, 2006 WL 3593157, Counsel Stack Legal Research, https://law.counselstack.com/opinion/geske-v-williamson-missctapp-2006.