MWUA v. UNION NAT. FIRE INS. CO.

No. 2010-CC-00076-SCT.

86 So.3d 216 (2012)

MISSISSIPPI WINDSTORM UNDERWRITING ASSOCIATION, Hartford Fire Insurance Company, Hartford Casualty Insurance Company, Hartford Insurance Company of The Midwest and Hartford Accident & Indemnity Company v. UNION NATIONAL FIRE INSURANCE COMPANY, United States Fire Insurance Company, A Subsidiary of Crum & Forster Holding, Inc., RLI Insurance Company, Onebeacon Insurance Group, Aegis Security Insurance Company, Zurich American Insurance Company (For Itself and its Subsidiaries Who Are Members of MWUA), Homesite Insurance Company, Farmer Insurance Group of Companies And AllState Property & Casualty Insurance Company and Aegis Security Insurance Company, Homesite Insurance Company and Union National Fire Insurance Company v. AllState Property And Casualty Insurance Company.

Supreme Court of Mississippi.

Rehearing Denied May 3, 2012.



KING, Justice, for the Court:

¶ 1. As a result of Hurricane Katrina, the Mississippi Windstorm Underwriting Association (MWUA) sustained great losses well in excess of its reinsurance. MWUA assessed its members to cover the loss. Members are required to share in MWUA's expenses, profits, and losses based on their percentages of wind and hail insurance premiums written in the previous calendar year. After the initial assessments, several member companies complained...

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