Corban v. United Services Automobile Association
Mississippi Supreme Court
20 So. 3d 601 (2009)
- Written by Rich Walter, JD
Facts
United Services Automobile Association (USAA) (defendant) insured property owned by Magruder and Margaret Corban (plaintiffs). The policy’s anticoncurrent-causation (ACC) clause relieved USAA of any liability for loss caused directly or indirectly by an excluded peril, even if another covered peril contributed “concurrently or in any sequence” to the loss. During a hurricane, high winds and a subsequent storm surge damaged the Corbans’ property. Because the Corbans’ policy covered wind but not water damage, USAA invoked the ACC clause and denied the Corbans’ claim for indemnification. The Corbans sued. After the trial court entered an order ruling that USAA’s ACC clause applied to the case, the Corbans filed an interlocutory appeal to the Mississippi Supreme Court.
Rule of Law
Issue
Holding and Reasoning (Randolph, J.)
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