Hurricane Katrina

Mississippi Insurance Issues – Hurricane Katrina

by Jay Foster, Mississippi Car Wreck Attorney

It has long be the law in this State,  since before I was born, that insurance companies cannot use a flood or water clause in an insurance policy to deny coverage completely (an anti-concurrent clause).  The homeowner in a hurricane or natural disaster event just needs to show that wind was the proximate or efficient cause of the loss or damage notwithstanding other factors contributed to the loss.  If the facts are in dispute then it is up to a jury to decide the issues.

Currently, the Mississippi Supreme Court has a case which is going to affect not only the current Hurricane Katrina cases but future Hurricane Katrina cases if they decide to overrule this many decades long precedent.

The case is Corban v. USAA Insurance Company.  There is no doubt in my mind based on the case law that the insurance company’s argument is a loser.  I have represented insurance companies before I started representing personal injury victims and that is the advice I would give the insurance company.  However, the question is, since the insurance companies have poured millions of dollars into Supreme Court races and elected several of the Judges on our Supreme Court, will the Judges abide by precedent?  Or will the Judges overrule decades long precedent and become activist Judges?

As I always say, watch out who you vote for as many politicians and Judges that we Mississippians elect favor insurance companies.

This case is set for Oral Argument on Tuesday, June 9, 2009, at the Mississippi Supreme Court in Jackson.  The public can attend and I urge you to go if you can.

If you have questions about this, please call or email Mississippi Car Wreck Attorney Jay Foster right now by clicking here.