Katrina insurance case going to trial in Mississippi News
Katrina insurance case going to trial in Mississippi

[JURIST] A judge in Mississippi Friday issued the first federal ruling on insurance litigation related to the Hurricane Katrina disaster [JURIST news archive], denying a request from Allstate Insurance Co. [corporate website] to dismiss a case brought by homeowners claiming that Allstate representatives falsely led them to believe that flood damage would be covered by their hurricane insurance policy, and that a separate flood insurance policy was unnecessary. US District Judge L.T. Senter [official profile] held that a trial would be necessary to determine the facts; if a jury believes the homeowners, Allstate will be liable for the damages that homeowners believed were covered. Senter also determined that damages caused by wind and rain must be covered under the hurricane insurance policies, even if the jury determines that flood damages are not covered.

Mississippi Attorney General Jim Hood [official website] is bringing a similar class-action suit [press release, PDF] in Mississippi state court and said he was optimistic about the federal court decision, although it will have no effect on the state suit. From Jackson, Mississippi, NBC affiliate WLBT has more.

THIS DAY @ LAW

US Supreme Court ruled Indians not US citizens

On November 3, 1884, the US Supreme Court ruled in Elk v. Wilkins that John Elk, an American Indian who had tried to vote in a federal election in Omaha, Nebraska, was not a US citizen entitled to the protection of the 14th and 15th Amendments of the US Constitution. Native Americans became eligible for citizenship in 1887 under the Dawes Act, but only in 1924, under the Indian Citizenship Act, were all Native Americans born in the US made citizens.

Last public execution at Tyburn Gallows in London

On November 3, 1783, the last public execution took place at Tyburn Gallows in London, when John Austin was hanged for highway robbery. From the hanging of William Fitz Osburn in 1196 until Austin's execution, Tyburn served as London's primary location for public executions.

Learn more about the trial of John Austin.