The Mississippi Supreme Court granted certiorari to review a grant of summary judgment in an insurer's favor in an insured's suit for bad faith denial and negligence against the insurer for having denied coverage on the basis of a loss caused by water or which would not have occurred in the absence of water. Porter v. Mullins, 154 so. 3d 33 (miss. Jan. 22, 2015).
The insured owned a home along the beachfront, which was covered by an "all-risk" homeowner's policy and which was destroyed when a barge collided with it during a hurricane. The policy excluded loss caused by wind or water damage and "loss [that] would not have occurred in the absence of [an] excluded event...." the court of appeals found that the insurer met its burden to prove the exclusion applied as the damage could not have occurred without "storm surge - essentially a massive wall of water pushed ashore by ... Winds." the court of appeals disagreed with the insured's assertion that the barge itself was the cause, citing that a "cause" is defined as "the producer of an effect," with an effect requiring force, which the barge could not have generated itself.