Wind vs. Water Heard in MS Supreme Court

Published by Lawayne Childrey on 09 Jun 2009 7:20pm
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four years after hurricane katrina wind v water insurance claims are being heard by the Mississippi Supreme Court
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The Mississippi Supreme Court is deciding how an insurance policy should be interpreted in a Hurricane Katrina wind vs. water dispute. MPB's Lawayne Childrey reports.

The oral arguments came Tuesday in an appeal filed by Margaret and Magruder Corban over damage that Hurricane Katrina caused to their Long Beach, home in 2005. Judy Geiss is their attorney.

“There home was virtually totally destroyed. And they are still rebuilding. It was a beautiful home and it suffered massive loss.”

Attorneys for the Corbin’s argue that United Services Automobile Association, should cover wind damage to their property regardless of damage caused by water. Water damage is excluded from coverage. USAA argues that policy language also excludes coverage for a combination of wind and water. But in court yesterday, Attorney General Jim Hood said state law puts the burden of proof squarely on the shoulders of the insurance companies. Hood says it's been that way since 1969 when Hurricane Camille ravaged the Mississippi Coast.

“The 5th Circuit Court of Appeals in New Orleans turned Mississippi law upside down and said no the burden is on the home owners which has never been in Mississippi. They should have allowed Mississippi Supreme Court to answer that question before they ruled on that.”

This is the first case the Mississippi Justices have heard related to Katrina. And according to Greg Copeland, attorney for USAA, the size and scale of Katrina continues to have profound effects on all involved.
“It was such a tragedy and people were hurt so much that sometimes things can’t be worked out. But the important thing to remember is that the vast, vast majority, almost all of these cases have been worked out and hopefully people are getting on with their lives.”

The court’s decision will help clarify jury instructions once the case reaches circuit court. For MPB News, I'm Lawayne Childrey.