STORY FROM: Superstorm Sandy Insurance Litigation

Claims Submission Deadline Tolled Due to Underwriting Association’s Misrepresentation, Miss. High Court Rules

JACKSON, Miss. — Arrowood Indemnity Co. is entitled to resubmit its premium data to the Mississippi Windstorm Underwriting Association for 2003 because the MWUA misrepresented to the insurer that excess insurance did not qualify as “essential property insurance” and as such Arrowood was not entitled to any voluntary-writings credit.

In a June 16 opinion, the Mississippi Supreme Court, sitting en banc, held that the misrepresentation was material and as such the data submission deadline was tolled.

The MWUA is a statutorily created entity that provides wind and hail insurance to citizens on Mississippi’s Gulf Coast — it is an “insurer ...

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