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 State Farm to prove that the applicability of an exclusion.

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Author UP's brief was written pro bono by William F. Merlin, Jr. Esq. and Mary E. Kestenbaum, Esq. of Merlin Law Group, PA, John Ellison, Esq. of Anderson Kill & Olick, PC and Amy Bach, Esq.
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