Hurricane Katrina: Legal Issues - Columbus School of Law

In most instances, an owner or occupant of property should call police to remove a trespasser. Property owners and
occupants should exercise great caution in the use of force to remove trespassers, and should keep in mind that in an
emergency some of the rules of trespass may be suspended. A property owner may not remove someone who seeks
shelter from a storm if the emergency exception discussed above applies. A property owner may, however, in some
cases, remove a trespasser who does not have a right to be on the property. First, trespassers must be warned that
they are unwelcome. A property owner may then use only reasonable force, and may not use force that would cause
serious injury. Woodard v. Turnipseed, 784 So. 2d 239 (Miss. Ct. App. 2001).
When may an owner or occupant of land use force to protect property?
A property owner may use reasonable and necessary force to protect property only in the case of real and imminent
danger, and may not use guns to protect property, even to threaten an individual. Factors in determining whether a
danger is real and imminent include the defender's age and size compared to the aggressor's, the inaction of law
enforcement, and whether the defender is outnumbered. Tate v. State, 784 So. 2d 208 (Miss. 2001); Woodard v.
Turnipseed, 784 So. 2d 239 (Miss. Ct. App. 2001).
Insurance Law
In the aftermath of a natural disaster, questions regarding insurance are likely to be the first to arise, including issues
related to homeowners’, automobile, life, disability, and health insurance. Questions related to health insurance are
discussed in the employment and benefits sections.
Homeowner's Insurance
Covered losses
What steps should a homeowner take to file a claim?
Acting quickly is important. A homeowner should contact the insurance agent or company immediately, act quickly
to prevent additional damage, and document the damage. More detailed suggestions for filing a claim are provided at
the end of this section.
What damage caused by a hurricane is likely to be covered?
Coverage depends on the language of a policy. Generally, standard homeowner’s insurance policies cover losses
caused by wind and exclude coverage for losses caused by flood. Homeowners with standard policies will have to
deal with the question of whether the damage was caused by wind, by water, or by both. Some homeowners may
have separate flood policies.
How does a homeowner prove the cause of damage?
Mississippi Insurance Commissioner George Dale has ordered insurance companies to be able to prove to the
Mississippi Insurance Department that damage was caused by flood rather than wind before denying a claim. This is
consistent with Mississippi precedent requiring insurers to prove the loss was caused by an excluded peril.
Commercial Union Ins. Co. v. Byrne, 248 So. 2d 777, 782 (Miss. 1971). In addition, George Dale has instructed
insurers that they must fully inspect damaged property before a coverage decision is made. See Mississippi Insurance
Department, Insurers Directed to Fully Inspect Damaged Property Before Coverage Determinations (Sept. 7, 2005
Press Release) at http://www.doi.state.ms.us/pressrel/pressrel9805.pdf. Generally, whether the damage was caused by
wind or flooding is one for a jury. Liberty Ins. Co. v. Hall, 289 So. 2d 683, 684 (Miss. 1973). Often an expert, such
as an engineer, can determine whether damage was probably caused by wind - such as rain that entered through a
wind-blown roof -- or by flood. Engineers may also be able to determine whether wind or flood tore a building away