COURT ALLOWS CASE AGAINST DIRECTORS OF MISSISSIPPI WINDSTORM UNDERWRITERS ASSOCIATION TO PROCEED

It has been estimated that as a result of Hurrican Katrina, the Mississippi Windstorm Underwriters Association will pay its insurance company members approximately $700 million in claims. The Association has only $175 million in reinsurance. A number of members have sued various members of the Association and individuals, who allegedly were members of the Board of Directors of the Association, contending that they breached fiduciary duties and committed other wrongdoing in failing to procure additional reinsurance for the Association. The Association purchased reinsurance to cover a 250 year event; the Plaintiffs contend that it should have purchased reinsurance to cover a 500 year event. A US District Court has denied a motion to dismiss and denied cross motions for summary judgment. The Motion to Dismiss had contended that the dispute was subject to the exclusive jurisdiction of the Mississippi Insurance Commissioner. This theory was rejected, in part because the Court found that any administrative remedy that the Insurance Department could provde would not be adequate. The Motion for Summary Judgment was denied because of factual disputes as to whether Board members were member companies or individuals, and if individuals, whether the individuals served in an individual capacity or as representatives of member companies.