On June 9, 2009, oral arguments took place in Corban v. USAA Insurance Company, the first Katrina wind v. water insurance dispute heard by the Mississippi Supreme Court. While, as discussed here, the primary issue in the case is the interpretation of the anti-concurrent causation clause in a homeowners’ insurance policy, the issue currently in front of Mississippi’s highest court involves the burden of proof – whether an insurer has the burden of showing the extent of property damage caused by wind or whether the insurer can deny coverage because there was also water damage. The lower state court has asked the high court for guidance on the burden of proof before the case is heard on its facts. Based on published reports, each party had forty minutes to argue its case while certain interested parties were also given time to present short arguments to the court.
We will continue to provide updates on this and all Katrina-related coverage litigation on InsureReinsure.com.
