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A Chance For Mississippi Courts To Get It Right

By Chip Merlin on November 28, 2008

On Tuesday, we filed an amicus brief in the Corban v. USAA case. A copy of it is here for anyone to view.

This case is important because the Mississippi Supreme Court is going to rule on how anti-concurrent causation language is interpreted. Previously, only federal courts have made such rulings. Mississippi Court’s ruling is binding on federal courts and can overrule the Fifth Circuit’s poorly reasoned decisions in Broussard and Leonard. 

Judy Guice represents Dr. Corban. Judy is an excellent attorney and I have enjoyed her collegiality for the past several years. Her appellate brief is great and I look forward to seeing her argue this very important case. 

The only problem is that the Mississippi Supreme Court should have expedited this matter. Indeed, the Fifth Circuit should have sent these issues to the Supreme Court two years ago when Dick Scruggs requested it in the Leonard case. Since Hurricane Katrina three years ago, we have all been guessing at what the Mississippi Court will decide. It is about time Mississippi judges ruled on these matters.

  • Posted in:
    Insurance
  • Blog:
    Property Insurance Coverage Law Blog
  • Organization:
    Merlin Law Group, P.A.
  • Article: View Original Source

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