David M. McLain | Colorado Construction Litigation While I have not performed exhaustive research into the origin of anti-concurrent causation (“ACC”) endorsements on insurance policies, or how or when they migrated from first-party property policies to commercial general liability (“CGL”) policies, they have done so. The result for Colorado’s construction professionals may rear its ugly… Continue reading Anti-Concurrent Causation Endorsements in CGL Insurance Policies: A Word of Caution
Tag: Anti-Concurrent Clause
Montana Federal Court Upholds Application of Anti-Concurrent Causation Clause
Tred R. Eyerly | Insurance Law Hawaii 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., 2021 U.S. Dist. LEXIS 149051 (D. Mont. Aug. 9, 2021). Plaintiff was advised by her tenants that water… Continue reading Montana Federal Court Upholds Application of Anti-Concurrent Causation Clause
Court in Montana Applies Anti-Concurrent Causation Clause to Earth Movement Exclusion
Alycen A. Moss and Elliot Kerzner | Property Insurance Law Observer A district court in Montana recently applied an anti-concurrent clause in a property insurance policy to preclude coverage based on an earth movement exclusion. In Ward v. Safeco Ins. Co. of Amer., No. 1:19-CV-0133-SPW, 2021 WL 3492294 (D. Mont. Aug. 9, 2021), the insured’s tenant… Continue reading Court in Montana Applies Anti-Concurrent Causation Clause to Earth Movement Exclusion
Anti-Concurrent Causation Clause Eliminates Loss from Hurricane
Tred R. Eyerly | Insurance Law Hawaii The court found the insured was not covered for losses caused by Hurricane Laura due to the implementation of the policy’s anti-concurrent causation clause. Aegis Sec. Ins. Co. v. Lejeune, 2021 U.S. Dist. LEXIS 106804 (W. D. La. June 7, 2021). At the time of the… Continue reading Anti-Concurrent Causation Clause Eliminates Loss from Hurricane
Florida Appellate Court Holds Anti-Concurrent Cause Provision in Exclusion Excludes Entire Loss When a Covered Cause Occurs Concurrently With an Excluded Cause
Derek R. Lenzen | Phelps Dunbar A Florida appellate court held that where water damaged property through walls and windows (an excluded cause) and also through a door (a covered cause), the all-risk policy’s anti-concurrent cause provision controls, and coverage for the entire loss is excluded. Security First Ins. Co. v. Czelusniak, 45 Fla. L.… Continue reading Florida Appellate Court Holds Anti-Concurrent Cause Provision in Exclusion Excludes Entire Loss When a Covered Cause Occurs Concurrently With an Excluded Cause