The Biloxi Sun Herald reports here that the Mississippi Supreme Court reversed today the trial court in Corban v. United Serv. Auto., No. 2008-IA-00645-SCT (Miss. Sup. Ct. Oct. 8, 2009). We previously reviewed the Corbin case here, here and here. The unanimous decision of the Mississippi Supreme Court is here.
One important issue before the Court was the impact on the anti-concurrent causation clause. The trial court had ruled the anti-concurrent causation clause was to be applied as interpreted by the Fifth Circuit Court of Appeals, thereby barring coverage for damage caused by water or caused concurrently or sequentially by wind and water. The Mississippi Supreme Court reversed, holding the anti-concurrent causation clause was inapplicable in Corban because the wind and water losses were separate or in sequence, not one indivisible force. The case now goes back to the trial court.
More to follow on Corban after an opportunity to review the opinion.
