From the archives: The Absurdity of Judge Jones’ Reasoning Manifested – New Wind-Water Developments (Corrected)

This morning I rose to see Anita Lee at the Sun Herald has a well written story concerning the involvement of the Mississippi Supreme Court in the Wind-Water controversy. The case in question is Corban vs. USAA which is before Judge Lisa Dodson¬†in Harrison County Circuit Court. Judge Dodson recognizes a bad case precedent when she sees it as the Fifth Circuit Court of Appeals, specifically Judge Edith Jones, struck out into an area they clearly did not understand in their various interpretations of the anti-concurrent clause. The conflict involves the Fifth Circuit itself and their decisions in Leonard V Nationwide and¬†Tuepker V State Farm. First I’ll excerpt Ms Lee’s story then we’ll provide some additional analysis.

The Mississippi Supreme Court is being asked to decide whether Katrina’s wind damage is covered when tidal surge contributes to the loss.

Attorneys filed the appeal Thursday in Corban vs. USAA Insurance Agency. USAA covered only $39,972 of damage to the Long Beach home of Magruder S. and Margaret Corban, whose policy exceeded $1 million in total coverage. Their home near the waterfront was a near-total loss, although portions remained standing. Continue reading “From the archives: The Absurdity of Judge Jones’ Reasoning Manifested – New Wind-Water Developments (Corrected)”