Topic
Anti-Concurrent Causation
44 published works
Insurance Law Hawaii
Hurricane Claim Cannot Survive Anti-Concurrent Causation Clause
The court upheld the insurer's denial of coverage for hurricane damage caused by storm surge. Heritage Motorcoach Resort & Marina Condominium Association, Inc v. Axis Ins. Co., 2023…
Insurance Law Hawaii
Montana Federal Court Upholds Application of Anti-Concurrent Causation Clause
Interpreting Montana law, the federal district court found that the policy's anti-concurrent causation clause prevented coverage for the insured's damaged home. Ward v. Safeco Ins. Co. of Am.,…
Property Insurance Coverage Law Blog
New Jersey Introduces Legislation That Prohibits Anti-Concurrent Causation Clauses In Homeowners Insurance Policies
Last year, I wrote about a New Jersey federal court decision that involved an insurance policy’s anti-concurrent causation clause. An anti-concurrent causation clause bars coverage when two identifiable causes-one covered…
Property Insurance Coverage Law Blog
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…
Insurance Law Hawaii
Anti-Concurrent Causation Clause Preserves Possibility of Coverage
The policy's anti-concurrent causation clause preserved the possibility of coverage when the insurer's motion for summary judgment to disclaim its indemnity obligation for damage caused by Hurricane Sandy was…
Property Insurance Coverage Insights
Hurricane Harvey, the Texas Supreme Court, and Anti-Concurrent Causation
Many commercial and residential property insurance claims arising from major hurricanes like Hurricane Harvey present damage caused by multiple causes of loss, some of which may be covered (e.g., wind)…
Property Insurance Coverage Insights
Hurricane Sandy, Flood, and Sewer Backup: New Jersey Federal Court Confirms Anti-Concurrent Causation Bars Insured’s Claim
As we have written about before on this blog, the water damage caused by Hurricane Sandy in October 2012 gave rise to important questions concerning the applicability of so-called “anti-concurrent…
Property Insurance Coverage Insights
New Jersey Federal Court Confirms Application of Anti-Concurrent Causation Language in Hurricane Sandy Lawsuit
Readers of this blog may note that we have previously discussed the topic of anti-concurrent causation clauses in various jurisdictions around the country (see here, here, and here). As a…
Property Insurance Coverage Law Blog
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…
Insurance Law Hawaii
Connecticut Court Finds Anti-Concurrent Causation Clause Enforceable
Canvassing both case law and scholarly authority, the court determined that the anti-concurrent cause (ACC) provision barred coverage for loss caused by Tropical Storm Irene. Lombardi v. Universal N.…