Corban v USAA – counting by the calendar

It was not as if I had forgotten about Corban; but Bam – a virus called anti-concurrent cause – Bam – the ACC virus continued – and I’m thinking Corban every day and not just on hand-down Thursday.

You’d think after Nationwide spilled the beans, the Supremes would be in a hurry to protect policyholders with cases still in litigation; but, then again, maybe they think with all the beans on the table, it’s such a no-brainer they can take their time.

One justice asked Nationwide whether ACC would exclude coverage in a case where a home was 95% destroyed by wind before any flooding…According to…[Nationwide]…it does not matter what actually caused the damage.  If the subsequent flooding would have caused it, the damage is covered by NFIP and not Nationwide.

On the other hand,  the Supremes may be like Nationwide’s policyholders – in a state of shock after learning Nationwide is on Nationwide’s side.

What the Supremes have done, however, is give insurers 13 weeks of running room before the Court lowers the boom – assuming, of course, the oral arguments didn’t signal the beginning of campaign fund-raising season.

If the Supreme Supremes in Washington hand down a decision while a case is undecided, their decision applies.  If the same is true of our own Supremes and a case settles, is the settlement void? It should be.  In fact, every settled Katrina claim should be examined and any policyholder shortchanged should be made whole.

Although there were unforgettable moments in the oral arguments, anyone needing a refresher will find the briefs linked here; the video of the arguments linked here, and the transcript linked here.

But the days grow short when you reach September
When the autumn weather turns the leaves to flame
One hasn’t got time for the waiting game