Mississippi
Corban v. United Services Automobile Association a/k/a USAA Insurance Agency
Year: 2007
Court: Mississippi Supreme Court
Case Number: 2008-M-645
Issue:
  • Anti-Concurrent Causation Clause
  • Katrina
State:
  • Mississippi

Interlocutory Appeal. Addresses numerous issues: 1). In an “all risk” policy, once the insured proves that “a direct physical loss” was sustained, the insurer has the burden of proof to establish what portion of the “direct physical loss” was caused by a specifically excluded event…
Gallagher Bassett Service Inc. vs. Jeffcoat, Charles, Jr.
Year: 2002
Court: Mississippi Supreme Court
Case Number: 98-TS-00192
Issue:
  • Insurance as Public Service
State:
  • Mississippi

Public service nature of insurance—duty of good faith and fair dealing
Tuepker, John and Clare vs. State Farm Fire and Casualty
Year: 2007
Court: U.S. District Court, Mississippi Southern District
Case Number: 06-61075 and 06-61076
Issue:
  • Anti-Concurrent Causation Clause
  • Katrina
State:
  • Mississippi

Katrina case involving the “anti-concurrent clause” language in a State Farm policy and the burden of proof regarding exclusions. UP requested that the Court uphold the District Court’s opinion finding that the “anti-concurent causation” lead-in clause does not preclude coverage and imposing the burden on…
Mitchell v. State Farm and Casualty Company
Year: 2019
Court: UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT
Case Number: 3:17-cv-00170-MPM-RP
Issue:
  • Labor Depreciation
State:
  • Mississippi

In this amicus brief, UP argues that labor should not be depreciated by insurance companies in their determination of actual cash value. Many insurers do not engage in the practice of depreciating labor. For the insurance carriers who do depreciate labor, most use coverage forms…