The debate over wind-versus-water homeowner claims is not quite as cut and dried thanks to a ruling last month by the Mississippi Supreme Court in a Hurricane Katrina case.
The decision by the court in Corban vs. USAA means that wind damage from hurricanes might still be covered even if excluded flood damage caused by a wind-blown storm surge is also present. The suit was filed by the Corban family following USAA's rejection of their claim for damage to their Long Beach, Miss., home during Hurricane Katrina.
The state's highest court concluded that in an earlier ruling on the claim, a federal circuit court "did not err in ruling that 'storm surge' is included in the 'water damage' exclusion. However, the circuit court erred in holding that the anti-concurrent-causation (ACC) clause is applicable in the case sub judice," meaning in this particular instance.
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