Voluntary Payment Cannot Be Recovered By Insurer, 5th Circuit Panel Affirms

(March 22, 2019, 12:16 PM EDT) -- NEW ORLEANS — Based on the answer to a certified question to the Mississippi Supreme Court, the Fifth Circuit U.S. Court of Appeals on March 21 affirmed a district court’s ruling that Mississippi’s voluntary payment doctrine bars an insurer from recovering a settlement payment made on behalf of an additional insured that the insurer believed was not covered under the policy because the payment was not made under compulsion (Colony Insurance Co. v. First Specialty Insurance Corp., No. 17- 60094, 5th Cir., 2019 U.S. App. LEXIS 8535)....