MITCHELL v. STATE FARM FIRE & CAS. CO.

No. 18-60776 Consolidated with 19-60201.

954 F.3d 700 (2020)

Lorine MITCHELL, Plaintiff-Appellee v. STATE FARM FIRE & CASUALTY COMPANY, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

Filed March 30, 2020.


Attorney(s) appearing for the Case

David Malcolm McMullan, Jr. , Attorney, Barrett Law Group, P.A., Lexington, MS, James Brandon McWherter , McWherter Scott Bobbitt, P.L.C., Franklin, TN, Thomas Joseph Snodgrass , Larson King, L.L.P., St. Paul, MN, for Plaintiff-Appellee.

Joseph A. Cancila, Jr. , Jacob Kahn , Riley Safer Holmes & Cancila, L.L.P., Chicago, IL, Hal Scot Spragins, Esq. , Hickman, Goza & Spragins, P.L.L.C., Oxford, MS, for Defendant-Appellant.

Adam G. Unikowsky , Jenner & Block, L.L.P., Washington, DC, for Amicus Curiae Chamber of Commerce of the United States of America.

Wystan Michael Ackerman , Robinson & Cole, L.L.P., Hartford, CT, for Amici Curiae American Property Casualty Insurance Association, National Association of Mutual Insurance Companies, Insurance Coalition of Mississippi.

Gerald Moses Abdalla, Jr. , Jackson, MS, for Amicus Curiae United Policyholders.

Before JOLLY, GRAVES, and HIGGINSON, Circuit Judges.


The underlying dispute in this proposed class action arises between a homeowner and her insurer and presents primarily a question of contract interpretation. State Farm's homeowners insurance policy promised to pay the "Actual Cash Value" of the damaged portion of the home of the insured, Lorine Mitchell. The term...

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