American Compensation Insurance Company v. Hector Ruiz, Doing Business As Los Primoz Construction; Raul Aparacio…

Summary

The Mississippi Supreme Court answered the Fifth Circuit’s certified question in the negative, holding that the Mississippi Workers’ Compensation Act does not permit an insurer to void a workers’ compensation policy ab initio based on an employer’s material misrepresentation. The Court reasoned that the Act exclusively governs workers’ compensation insurance, provides only prospective cancellation and nonrenewal procedures, and is designed to ensure that legitimately injured employees receive benefits. The certified question was answered without deciding whether the employer actually made a material misrepresentation.