Monday, November 10, 2014
Uninsured/Undersured Insurance at Trial
The Mississippi Supreme Court decided Heflin v. Merrill, et. al. located here last week. The case settled an ongoing legal issue among members of the bar. The issue was whether at trial the Plaintiff is entitled to mention that the uninsured insurance company can be mentioned as a Defendant. The Court found that the trial court properly instructed the parties to not mention the presence of the underinsured insurance company. To me, this is really confusing. The insurance company has a right to participate in trial, challenge jurors for cause, but the jury has no right to know who the lawyers are there for or who they represent.