High court hears wind vs. water case

A USAA Insurance attorney conceded in arguments Tuesday before the Mississippi Supreme Court that insurance companies bear the burden to prove a hurricane’s tidal surge damaged a house in order to deny coverage for hurricane damage under an all-perils policy,

But policyholders also hope the high court finds that an “anti-concurrent cause” clause in homeowner policies should not be applied to hurricanes. Insurance companies cited the ACC clause to deny coverage for Hurricane Katrina’s wind damage when tidal surge, excluded from coverage, contributed to the loss. USAA claims the clause should apply in the case the Supreme Court is considering, Corban vs. USAA.

Sun-Herald
6/11/9

h/t Slabbed