Court Agrees to Hear Mississippi Couple’s Appeal of Katrina Damages

A federal appeals court has scheduled arguments for Feb. 4 in a Mississippi homeowner’s appeal of a jury verdict that favored his insurance company in a Hurricane Katrina damage case.

The 5th U.S. Circuit Court of Appeals will hear arguments in New Orleans in the appeal filed by David and Marilyn Aiken.

In 2008, a jury in Mississippi ordered USAA Casualty Insurance Co. to pay an additional $64,000 to the Aikens for wind damage to their Pass Christian home and its contents during the Aug. 29, 2005, hurricane.

The amount was only a fraction of the maximum $427,087 that jurors could have awarded to the Aikens for wind coverage under their USAA homeowner policy.

A federal judge refused to let jurors consider punitive damages against USAA.