Hurricane Katrina Supreme Court Case

Hurricane Katrina Supreme Court Case

by Jay Foster, Mississippi Car Wreck Attorney

While many have written that the recent ruling by the Mississippi Supreme Court is a “landmark” decision, I would disagree.  This ruling merely confirms what has been the law in Mississippi for over 50 years.

The current Supreme Court would have had to overrule 50 plus years of case law to decide it any other way.  How do I know this?  After Katrina, I lost my home, car, and clothes.  I sat down and did nothing but read and analyze cases involving windstorms for approximately 17 hours straight.  I read every case that has ever been written by our Supreme Court about windstorms, floods, and hurricanes.

In any event, here is the recent decision in a nutshell: the insurance companies lawyers argued that even if 95% of your house was destroyed by a tornado, you had no insurance coverage if a flood came an hour later and destroyed the other 5% of your house.  Of course, such tortured logic violates common sense and reason but I can tell you having represented insurance companies and having dealt with them on the side of injured victims, common sense usually flies out the window.  As a result, our Supreme Court merely confirmed that this type of logic is legally incorrect.

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