Arrowood Indemnity Company v. Mississippi Windstorm Underwriting Association

Arrowood Indemnity Company, a member of the Mississippi Windstorm Underwriting Association (“the Windpool”), submitted its premium data as required for a post-Katrina data-correction process. Arrowood failed to claim the appropriate credits available to it by statute which, it alleged, resulted in a nearly five-million-dollar overpayment. Arrowood had based its data submission on incorrect information provided by the Windpool, so it requested an opportunity to submit the correct information. The Windpool denied its request because the deadline for corrections had passed. The Mississippi Insurance Commissioner and the Chancery Court affirmed the Windpool’s decision. After its review, the Mississippi Supreme Court found that the Windpool’s deadline was tolled under the facts of this case because its incorrect representation precipitated Arrowood’s incorrect data submission. The Court reversed the decisions of the Insurance Commissioner and the Hinds County Chancery Court and remanded this case for further proceedings. View "Arrowood Indemnity Company v. Mississippi Windstorm Underwriting Association" on Justia Law