Tag: anti-concurrent causation clauses

Florida’s Supreme Court Resolves Conflicting Appellate Court Decisions on Concurrent CausationDec 12, 2016

What happens when a policyholder suffers a loss caused by multiple perils, but not all perils are covered? On one hand, Florida’s Second District Court of Appeals has ruled that there should be no coverage under the efficient proximate cause doctrine. On the other hand, Florida’s Third District Court of Appeals has held that pursuant to the concurrent clause doctrine, there should be coverage. So which is the right theory…

Read More »
Texas Supreme Court Rocks Policyholders Like a HurricaneMay 05, 2015

Texas policyholders should be aware of the recent decision in JAW The Pointe, LLC v. Lexington Insurance Company. In a case of first impression, the Texas Supreme Court held that anti-concurrent causation clauses – provisions which bar coverage for a loss caused by both a covered and excluded event – are enforceable in commercial property policies. The decision highlights the importance of policyholders: 1) recognizing the presence of such provisions,…

Read More »