Chapman v. Coca-Cola Bottling Co., No. 2013-CA-01883-COA (Miss. Ct. App. Mar. 17, 2015).
 Ruling en banc, court affirms grant of summary judgment for
 insurer, adjuster and employer on bad faith claims brought by former 
employee and his spouse stemming from denial of benefits related to 
injury later determined to be work-related and compensable under 
workers’ compensation law.
 Thomas and Brenda Chapman sued defendants Coca-Cola Bottling Company 
(“Coke”), American Casualty Company and CNA ClaimPlus, alleging that 
defendants acted in bad faith by wrongfully denying benefits that arose 
from a back injury Thomas suffered while working for Coke in 2001.  
Thomas previously injured his back in 1991 while working for Coke, and 
injured it again in a vehicle rollover accident in 2000.  
Thomas sought 
evaluation and treatment at the direction of Coke after the 2001 injury,
 and Coke initially approved some of Thomas’s medical expenses.  
However, Thomas’s doctors later determined that his injuries resulted 
from a preexisting condition and not the 2001 incident.  
Thomas filed a 
petition to controvert with the Mississippi Workers’ Compensation 
Commission, and the administrative law judge ruled that the 2001 injury 
was compensable and awarded past-due compensation for temporary total 
disability.  The defendants appealed the ruling to the Commission, and 
the Commission affirmed its ruling.  Thereafter, the parties reached a 
settlement.
 Plaintiffs subsequently filed suit in the Jasper County Circuit Court 
alleging, among other things, that the defendants acted in bad faith by 
wrongfully denying benefits, refusing to pay Thomas’s workers’ 
compensation claim, and denying and delaying payments of medical bills 
as agreed to in their settlement.  After completion of discovery, 
defendants filed a motion for summary judgment, which the Circuit Court 
granted.  Plaintiffs appealed the grant of summary judgment to the Court
 of Appeals.
 The Court of Appeals, ruling en banc, affirmed the Circuit 
Court’s entry of summary judgment for defendants.  The Court of Appeals 
first analyzed the decision below as it related to the insurer, American
 Casualty.  To establish a bad faith claim against an insurer under 
Mississippi law, the plaintiff “must show that the insurer lacked an 
arguable or legitimate basis for denying the claim, or that the insurer 
committed a wil[l]ful or malicious wrong, or acted with gross and 
reckless disregard for the insured’s rights” (internal quotations 
omitted). 
“However, the fact that an insurer’s decision to deny 
benefits may ultimately turn out to be incorrect does not in and of 
itself warrant an award of punitive damages if the decision was reached 
in good faith,” such as when the insurer “has a reasonable cause for 
such denial or delay” in paying a valid claim (internal quotations 
omitted). 
 Here, plaintiffs failed to carry their burden.  The Court found that 
American Casualty, through its adjuster, CNA, conducted a prompt and 
reasonable investigation, and acted in good faith by speaking with Coke 
and reviewing relevant documentation.  
American Casualty also reopened 
Thomas’s investigation file upon receiving notice of Thomas’s petition 
to controvert.  After the 2001 incident, American Casualty, through CNA,
 received information that linked Thomas’s treatments to a preexisting 
condition – the vehicle accident in 2000 – which would not require any 
payments under workers’ compensation.  The Court determined, at the very
 least, that the source of Thomas’s injury was in dispute.  
Thomas 
admitted as much in his deposition when he agreed that there was a 
legitimate dispute between him, Coke and American Casualty over the 
workers’ compensation claim.  Thomas also attested to the existence of a
 legitimate or arguable basis for denying his claim in the settlement 
petition approved by the Commission.  The Court, therefore, affirmed 
summary judgment for American Casualty on plaintiffs’ bad faith claims.
 The Court next examined the ruling below as it related to the claims 
adjuster, CNA.  The Court explained that plaintiffs bear a different 
burden in proving that CNA acted in bad faith:  “The adjuster does not 
owe the insured a fiduciary duty nor a duty to act in good faith” 
(internal quotations omitted).  
Instead, “an adjuster has a duty to 
investigate all relevant information and must make a realistic 
evaluation of a claim. . . . He can only incur independent liability 
when his conduct constitutes gross negligence, malice, or reckless 
disregard for the rights of the insured” (internal quotations omitted).  
 The Court determined that “CNA conducted an adequate investigation of 
the claim in 2001, and reasonably concluded no workers’ compensation 
claim existed until receiving notice of Thomas’s petition to 
controvert.”  
CNA communicated with Coke during the investigation and 
reviewed all materials Coke provided.  CNA also promptly reopened 
Thomas’s file after receiving notice of the petition to controvert.  The
 Court found that CNA reasonably delayed any payments pending the 
Commission’s determination of Thomas’s claim, and thus ruled that any 
denial of compensation was neither grossly negligent, malicious, nor 
reckless until the dispute was resolved in Thomas’s favor.  Thus, the 
Court affirmed summary judgment for CNA.