The Mississippi Supreme Court has agreed to hear Corban vs. USAA, a Hurricane Katrina case that will resolve the dispute in Mississippi over how wind v. water should be interpreted in an insurance policy.  In the case at issue, the policyholders argue the insurer should cover wind damage, regardless of damage caused by water, which is excluded.  USAA and other insurers say that damage from a combination of wind and water is not covered.  Although a federal court, the 5th U.S. Circuit Court of Appeals, has sided with insurance companies, the Mississippi Supreme Court is not required to follow the ruling because state law governs insurance contracts.  The Supreme Court is expected to rule on the issue before the case goes to trial in Circuit Court.

Supreme Court to Hear Wind vs Water (Biloxi MS SunHerald 5/20/08)

May 28, 2008