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COLONIAL MORTG. CO., INC. v. LEE

No. 57678.

525 So.2d 804 (1988)

COLONIAL MORTGAGE COMPANY, INC. v. Annette LEE, Individually, and as Administratrix of the Estate of John Morris Lee, Deceased.

Supreme Court of Mississippi.

May 11, 1988.

Attorney(s) appearing for the Case

J. Elmo Lang, Pascagoula, for appellant.

David C. Frazier, Gordon, Myers, Pitcher, Tynes & Frazier, Pascagoula, for appellee.

Before DAN M. LEE, P.J., and ROBERTSON and ZUCCARO, JJ.

ROBERTSON, JUSTICE, for the court:

I.

This is another punitive damages case, although the factual setting is a bit different from the familiar bad faith refusal claim. Here a mortgage servicing company, charged to administer escrow accounts and therefrom to pay insurance and taxes, allowed a policy to lapse. The jury, however, found the policy in force and ordered the insurer to pay the homeowners' fire loss claim.

We find the mortgage service company...

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