Tag Archives: Anti-concurrent causation clause

Anti-Concurrent Clause Enforced Where Loss Was Caused By Covered and Non-Covered Perils

Last week, I had the pleasure of presenting at the Spring Meeting & Seminar of the Professional Public Adjusters Association of New Jersey (“PPAANJ”). One of the more thoroughly discussed topics during my presentation was a recent New Jersey federal court decision involving insurance policy language commonly known as an anti-concurrent/anti-sequential causation clause.1 The clause … Continue Reading

The Realty of Colorado’s Anti-Concurrent Cause Exclusion Law

Coverage questions under an “all-risk” insurance policy, in their simplest form, are typically determined by whether the peril is expressly limited or excluded. But what happens when multiple perils, both covered and excluded, combine to cause a loss? From this scenario developed the theory of “concurrent causation.”… Continue Reading

Anticoncurrent Causation Clauses in Illinois

With freezing temperatures and blizzards sweeping a good part of the country, I thought I would blog on a case about a swimming pool, giving us a subtle reminder that winter is temporary and spring is on its way. It also provides guidance on the status of anticoncurrent causation clauses in Illinois insurance policies.… Continue Reading

Anti-Concurrent Cause Exclusions Invite Unreasonable Denials and Worthless Property Insurance Coverage

Peter N. Swisher, a Law Professor at University of Richmond Law School, wrote an article recently published in the Tulane Law Review, with a title containing the question every insurance customer suffering from claim denial asks: "Why Won’t My Homeowners Insurance Cover My Loss?": Reassessing Property Insurance Concurrent Causation Coverage Disputes.1… Continue Reading

Concurrent Causes of Loss Discussed in Recent Case

When multiple events cause damage, is there coverage? If language in the policy addresses concurrent causes of loss, then that language usually answers the question. If the policy is ambiguous, then look to case law. This was recently discussed in Salem United Methodist Church of Cedar Rapids, Iowa v. Church Mutual Insurance Company.1… Continue Reading

New York Federal Court Upholds Earth Movement Exclusion Where Soil Settlement Contributes to Collapse

Many insurance policies specifically exclude earth movement and if the facts permit, the insurance company may raise this exclusion when a claim is asserted. This issue is currently being litigated in Superstorm Sandy cases in both New York and New Jersey. A recent Eastern District of New York federal court decision discussed the earth movement … Continue Reading

Is There A Battle Going On Over Hurricane Sandy-Inspired Bills That Propose To Eliminate Anti-concurrent Cause Provisions From Policies?

I have previously written about several Hurricane Sandy-inspired bills in New York and New Jersey, noting how they appear to have policyholder interests at the forefront of their terms. A little over a month ago, in Legislation Proposed In New Jersey To Eliminate Anti-Concurrent Cause Provisions From Insurance Policies, I wrote about a bill proposed … Continue Reading

Legislation Proposed In New Jersey To Eliminate Anti-Concurrent Cause Provisions From Insurance Policies

Anti-concurrent cause provisions in insurance policies have been the topic of much discussion since Hurricane Sandy made landfall in the Northeast in the end of October 2012. Anti-concurrent cause provisions are favored by insurance carriers to support denials of coverage for Sandy losses.  Recently, a New Jersey Assemblyman, Patrick Diegnan, proposed a bill (A4467) to … Continue Reading

In Sandy’s Aftermath, A New York Congressman Proposes A Bill To Eliminate Anti-Concurrent Cause Provisions From Policies In New York

Those involved with Sandy claims in New York have likely become familiar with anti-concurrent cause provisions in property insurance policies. These provisions are favored by insurance carriers to support denials of coverage for hurricane losses. Assemblyman Phil Goldfeder recently proposed a bill (A07455) which would outlaw anticoncurrent policy provisions that exclude losses from occurrences where … Continue Reading

Anti-Concurrent Causation Clauses in New Jersey

In my last post, I addressed the basics of concurrent causation here in New Jersey. The question that remains, however, is how New Jersey’s courts will interpret a policy containing a clause that denies coverage for a covered cause of loss when accompanied by an excluded cause of loss. Such anti-concurrent causation clauses are commonplace … Continue Reading

Business Income Losses Caused By Hurricane Sandy Are Recoverable Despite Anti-Concurrent Causation Exclusions

I have reviewed denial letters sent to policyholders in New York and New Jersey. Their business income claims have been denied because the “physical loss or damage” was caused, in whole or in part, by an excluded peril – power failure. Hurricane Sandy was a complex windstorm event that caused many perils – power outages, … Continue Reading

Avoiding the Anti-concurrent Causation Trap — Understanding Business Interruption Claims, Part 59

Relying on anti-concurrent causation clauses, several insurers have adopted a method of claims adjusting where business income claims are denied in whole if the property suffered damage attributed in part to an excluded cause of loss. In most states, this type of business practice is wrong and contrary to public policy. For an in depth … Continue Reading

The “Loss” or “Damage” Coverage Requirements – A Business Interruption Afterword – Understanding Business Interruption Claims, Part 31

Earlier this week, Chip Merlin posted Does an Insurance Policy Cover only “Loss” or “Damage” to Property? regarding the different interpretations of the proverbial “loss” or “damage” provision in property insurance policies, specifically as applied in anticoncurrent causation analyses.… Continue Reading

Does an Insurance Policy Cover Only “Loss” or “Damage” to Property?

Property insurance policies are written in complex language. The fact that there are so many different interpretations and disputes about the language by some very bright people is probably enough evidence to prove that point. David Rossmiller wrote a post, Corban v. USAA: A few (more) words about anti-concurrent causation, which had me thinking about words … Continue Reading

Will Flood Insurance Insurers Lose AntiConcurrent Cause Language?

Mississippi Representative Gene Taylor successfully placed language into House Bill H.R. 1264—“the Multiple Peril Insurance Act”— which would require “Write Your Own” insurers participating in the National Flood Program to remove anti-concurrent causation language from their all risk insurance policies. Taylor’s house was destroyed in Hurricane Katrina. Many of his neighbors’ insurance claims were denied … Continue Reading

Anticoncurrent Causation Clause Explained in Relation to Hurricane Losses

Law Reviews are where the academic discussions of law are openly published. While in law school, I was fortunate to serve as the Executive Editor on the University of Florida Law Review. The experience enabled me to research, correct and debate with law professors and scholars about points of law and how they should be … Continue Reading

Corban Part Three: A Win for Policyholders and a Decision Following Rossmiller’s Causation Analysis of the Anti-Concurrent Causation Clause

My initial and simple impression posted in Corban Mississippi Supreme Court Case Decided, Part 2 stands. My emotions and thoughts during my three readings of this decision kept reminding me of people I have met, represented, debated and lived out this saga with in Mississippi since the fall of 2005.… Continue Reading
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