Mississippi Supreme Court Rules on Wind vs. Water Debate

The Wind vs. Water debate that plagued thousands of Coastal Mississippians trying to file insurance claims after Hurricane Katrina will not be an issue in the future after a ruling by the Mississippi Supreme Court. MPB’s Phoebe Judge reports.

The unanimous Mississippi Supreme Court ruling last week in Corban vs. USAA will change the way in which a policyholder can apply for insurance benefits after a natural disaster such as a hurricane. Judy Guice, is the attorney for the Corbans, a Long Beach couple who filed the suit after their home was damaged during Hurricane Katrina,

“Previously if you had wind damage but later had flood waters impact the same part of the property, you would not be able to recover anything. Under this decision the Mississippi Supreme Court says no that’s not right, if you had wind damage you are entitled to recover benefits even if water later impacted that part of the property.“

After Hurricane Katrina thousands of Mississippi residents found themselves in the middle of an insurance nightmare, battling insurance companies for payments for their destroyed or damaged homes. Richard Phillips, an attorney in Batesville who represents thousands of policyholders says this case was being watched by legal scholars and courts across the country,

“It’s impossible to overstate the importance of the Mississippi Supreme Court’s decision. It is important to homeowners across the United States who will be victims of natural disasters in the future.”

Mississippi’s Insurance Commissioner Mike Chaney and the state’s Attorney General Jim hood are both applauding the Supreme Court's decision. Again Judy Guice,

“Really people everywhere should be happy about this decision because it says to the most powerful, the richest insurance companies in the world, too bad even you have to comply with your own policies, even you have to pay when it’s due.”

A jury will now decide whether USAA is responsible for making any additional payments to the Corbans.