Concurrent causation

Say an intoxicated driver causes a collision that seriously injures or kills another person—it's a tragedy all too common on our roads and all too familiar ...Sep 12, 2023 · Concurrent causation refers to situations where two or more perils or events lead to a loss or damage, and at least one of those perils is covered by an insurance policy. In such cases, the loss may be covered even if one of the contributing perils is excluded from the policy. The concurrent causation theory is based on the proposition that coverage for a loss resulting from a covered peril may not be denied merely because an excluded …Jun 4, 2012 · Concurrent causation is a legal doctrine developed primarily in California case law that finds coverage for a loss caused by two (or more) events, despite common property policy exclusions such as earth movement or flooding. An example of concurrent causation is when earth movement causes damage to an insured structure (a cause of loss that is ... Jan 20, 2010 · The Superior Court of Pennsylvania recently found a concurrent-cause exclusion in an all-risks insurance policy to be unenforceable in a case involving hurricane damage to an insured’s business ...Concurrent Causation Coverage. In 1982 and 1983 two court cases in California, which involved a concept known as “concurrent causation,” pro-duced a drastic change in underwriters’ thinking about all risks coverage. The first case, Safeco Insurance Co. v. Guyton, 692 F.2d 551 (1982), found the insurer liable for flood damage under an all ...As for the jury instruction on concurrent causation, the Court cited to the seminal case of Sebo v. Am. Home Assurance Co., 208 So. 3d 694 (Fla. 2016) in its analysis of this issue. In Sebo , the Florida Supreme Court formally adopted the “concurrent causation” doctrine in a first-party property insurance case involving a loss caused by a ...of this type of concurrent causation is a contractor’s failure to place a protective covering over certain project building ma-terials, which are then exposed to rain wa-ter, causing damage to the property. Nei-ther of these is sufficient to cause a loss in and of itself. That is, if the contractor had placed a protective covering over the Jun 6, 2012 · The Massachusetts Supreme Judicial Court recently considered the interplay between “hidden seepage” coverage, and a “surface water” exclusion, holding that the policy’s enforceable anti-concurrent causation language made all the difference in the court’s conclusion that a loss caused by surface water seeping into a structure was excluded.Concurrent cause situations are often described as ‘two hunter problems’, referring to a hypothetical situation in which two hunters in the woods both negligently shoot the same victim at the same time, killing him. Standard causation does not help here, since it is impossible to say which hunter caused the victim’s death. concurrent causation. Under this concept, multiple factors were involved in causing the loss, with the end result of these so-called “concurrent causes” was one that was excluded under the policy. Most concurrent causation cases involve flood and earth movement losses, and first appeared in CaliforniaThe Anti-Concurrent Causation Doctrine (ACCD) states that loss or damage caused in part by an excluded peril renders the entire loss not compensable, regardless of any other cause or event that contributes concurrently or in any sequence to the loss. This provision serves to deny coverage whenever insured and excluded perils combine to cause ...What Does Concurrent Causation Mean? Concurrent causation occurs when an event results from multiple causes. In the case of insurance, losses and …Nov 21, 2023 · Causation indicates a relationship between two events where one event is affected by the other. In statistics, when the value of one event, or variable, increases or decreases as a result of other ... Jan 27, 2023 · States use different methods for determining if you can prove causation. “Substantial Factor” Test. The substantial factor test is a common test used to determine proximate cause. As the name ... For example, an anti-concurrent causation clause might exclude losses due to fire, even when it occurs concurrently with some other cause. In Florida, the courts …A proximate cause is an event which is closest to, or immediately responsible for causing, some observed result. This exists in contrast to a higher-level ultimate cause (or distal cause) which is usually thought of as the "real" reason something occurred. The concept is used in many fields of research and analysis, including data science and ... Oct 4, 2022 · Concurrent Causation. In 2016, the Florida Supreme Court in the case of Sebo v. American Assurance Co., Inc., 208 So.3d 694 (Fla. 2016) held that where two or more causes of loss combine and where ...Under this exception, the liability in apportionment approach might be an appropriate solution to the question of the insurer's liability under concurrent causation. This approach, however, is not suggested for concurrent causation where an uninsured risk is one of the proximate causes.Mar 24, 2014 · The concurrent causation doctrine has been adopted by a majority of states. A question of concurrent causation arises where a liability insurance policy provides coverage for an accident caused ... The court upheld the anti-concurrent causation clause, noting that the evidence demonstrated that the plaintiffs’ loss was attributable to the subsurface water pressure that was exerted upon the empty swimming pool, even though it was precipitated by the drainage of the pool and heavy rainfall. 29 29 Id. at 685 (citingCali v.causation. This approach, however, is not suggested for concurrent causation where an uninsured risk is one of the proximate causes. Keywords: insurer’s liability; concurrent causation; sole proximate cause; liability in apportionment Introduction Causation is a general principle of insurance law under which an insurer will only be liable for ...May 17, 2023 · In cases of multiple (concurrent dependent) causes, CACI No. 431, Causation: Multiple Causes, should also be given. A case in which the plaintif f’ s claim is based on disease resulting from asbestos SINGAPORE, June 7, 2022 /PRNewswire/ -- Bizverse World officially launched a strategic partnership with many of the world's leading partners in fi... SINGAPORE, June 7, 2022 /PRNew...causation. This approach, however, is not suggested for concurrent causation where an uninsured risk is one of the proximate causes. Keywords: insurer’s liability; concurrent causation; sole proximate cause; liability in apportionment Introduction Causation is a general principle of insurance law under which an insurer will only be liable for ...Coplanar forces are forces on a single plane. This means that all points of application are inside that plane and that all forces are running parallel to that plane. Coplanar force...Few aspects of insurance law are more provocative than the anti-con-current causation clauses (“ACCs”). In circumstances where an insured suffers a loss concurrently caused by both covered and ...Jan 20, 2010 · The Superior Court of Pennsylvania recently found a concurrent-cause exclusion in an all-risks insurance policy to be unenforceable in a case involving hurricane damage to an insured’s business ...Concurrent Causation and Effect. Why the Sebo verdict sent shivers through property insurers—and how to fight it. First-party insurance policies protecting homes and businesses can take many forms and vary in the scope of risk covered by the policy. One way insurers attempt to manage risk is by limiting coverage based on the …4 Jan 2024 ... Although the Sebo policy had what is called “anti-concurrent causation” (ACC) language under some of the exceptions—voiding an excluded peril ...Sep 15, 2022 · If the recently proposed anti-concurrent causation bill in New York (Assembly No. A07455/ Senate No. S05581) is enacted, it is unclear what arguments will be made regarding its application.The concurrent causation doctrine has been adopted by a majority of states. A question of concurrent causation arises where a liability insurance policy provides coverage for an accident caused ...One New Jersey court contemplated concurrent causation issues relating to a storm under a named-perils policy and held that the insured bore the burdens to prove: (1) that the excluded peril (i.e. the sea) was not the “sole or substantial cause of the loss;” and (2) what damage was actually caused by the covered peril (i.e. wind). Newman v.Footnote 5 Concurrent causation in this paper refers to a causative link between a loss and more than one simultaneous risk to the subject matter insured. Footnote 6. Where the risks successively caused a loss, the English courts identify one of the risks as the proximate cause which is the dominant, effective or operative cause of the loss. Aug 8, 2016 · Last Friday, Texas’ highest court unanimously endorsed lower court and federal court decisions giving effect to anti-concurrent causation (ACC) clauses and held that such provisions bar coverage where a combination of an excluded peril and an included peril operate together to cause the loss. In JAW The Pointe, LLC v.30 Jul 2021 ... Even following the Supreme Court's adoption, in the Financial Conduct Authority (FCA) COVID-19 business interruption insurance test case, of a ...The doctrine of concurrent causation relates to this principle. Because an insurer has no obligation to pay for damage caused by an event not covered under the policy, if covered and non-covered events combine to cause the damage, the insured must segregate between the damage attributable to the covered event and the damage …We have discussed on a number of occasions the issue of causation when there are multiple causes of loss, some covered and some not covered. Most jurisdictions apply what is known as the efficient proximate cause analysis with a minority of jurisdictions applying the concurrent causation analysis, both of which are explained on our blog here.The …Concurrent Causation versus Efficient Proximate Cause. The answer to that question may depend on which side of the Texas-Louisiana and Florida-Georgia borders the insured property falls.It focuses on concurrent causation and anti-concurrent causation clauses focused on the states of New York, New Jersey and Pennsylvania. A number of different anti-concurrent causation clauses are in use today. These clauses intend, among other things, to be a response to most jurisdictions where, in instances of concurrent …causation may appear straightforward at first: a defendant actually causes a plaintiff’s injury if the defendant’s action is a “but-for” cause ... 7 See, e.g., Charles E. Carpenter, Concurrent Causation, 83 U. PA. L. REV. 941 (1935) (“Causation in fact as the term is used in law is very inclusive. It means any and all antecedents,Jun 27, 2022 · Proximate causation refers to an event being generally responsible for an accident, meaning the proximate cause is the agreed upon reason for resulting injuries and/or damages. This goes one step further than actual cause. One of the primary functions of a personal injury attorney is to find the proximate cause of an accident. This Article is principally concerned with insurance causation in sit-uations where concurrent and consecutive perils, one covered and one excluded, combine to cause a single loss to insured property. Under those conditions, the legally responsible cause of loss to insured prop- "Concurrent causation" is another archaic term derived from tort law. In an insurance context, it refers to loss caused by one covered event and at least another …Jul 24, 2008 · Concurrent causation is a legal doctrine developed primarily in California case law that finds coverage for a loss caused by two (or more) events, despite common property policy exclusions such as ... Concurrent causation is defined as a tort doctrine that imposes joint liability on two or more parties if their negligence combines to produce the same loss.Jan 10, 2019 · Some insurance policies include an anti-concurrent causation clause, which precludes coverage of specific losses in the event of an accident involving “concurrent causes.” For example, an anti-concurrent causation clause might exclude losses due to fire, even when it occurs concurrently with some other cause. Metro. Prop. and Cas. Ins. Co., 788 F.3d 1012 (9th Cir. 2015) (anti-concurrent causation clause in fire insurance policies invalid as inconsistent with standard fire insurance policy language mandated by statute) …Moreover, as the Fifth Circuit previewed, it is possible that the concurrent causation doctrine, as articulated in Advanced Indicator, could affect the district court’s decision on remand. Id. The district court initially “faulted” Majestic Oil’s expert for “failing to exclude the January 2017 storm as a potential cause of the damage ...Concurrent causation refers to a section of insurance claims that have to do with damages or losses that occur as the result of more than one cause. How ...Concurrent Causation Coverage. In 1982 and 1983 two court cases in California, which involved a concept known as “concurrent causation,” pro-duced a drastic change in underwriters’ thinking about all risks coverage. The first case, Safeco Insurance Co. v. Guyton, 692 F.2d 551 (1982), found the insurer liable for flood damage under an all ...5 Mar 2013 ... Where a peril specifically insured against sets other causes in motion which, in an unbroken sequence and connection between the act and final ...Negligence is the failure to behave with the level of care that a reasonable person would have exercised under the same circumstances. Either a person’s actions or omissions of actions can be found negligent. The omission of actions is considered negligent only when the person had a duty to act (e.g., a duty to help someone because of one’s ... Finally, in order to break the chain of causation, the intervening factor must be the sole and dominant cause of the result. If the intervening factor only combines with the effects of the victim’s conduct, they are considered concurrent proximate causes and the chain of proximate causation is not broken. For example: Jan 20, 2024 · Anti-concurrent causation language (ACC) is a policy provision usually inserted into the preamble to a group of exclusions in a property insurance policy that is designed to combat the misapplication of the concurrent cause doctrine from tort law to a first-party property policy. On This Page.In more recent times, these concurrent causation exclusions have also become known as “anti-concurrent exclusions,” since their purpose is to prevent the theory ...Factual causation must be established on the balance of probabilities. If the claimant cannot establish that it is more likely than not that they would have avoided the loss but for the breach, the claim with normally fail: Wilsher v Essex [1988] 1 AC 1074. It is not normally possible to argue that the claimant should be able to recover for the loss of a chance if …The idea of “ensuing loss” sounds so simple. It is a loss that ensues from an earlier loss. In first party property insurance contracts, the “ensuing loss” concept comes into play when the initial loss is excluded, such as in the case of mold, water damage, or when a defective design causes the loss. When another loss ensues from the ...At common law in Texas, the doctrine of concurrent causation, or concurrent causes, existed when both covered and excluded perils combined to cause a loss and the causes could not be separated. [4] The exclusions were triggered, and there was no coverage. If a covered and an excluded peril each independently caused the loss, however, then there ...Aug 8, 2016 · Last Friday, Texas’ highest court unanimously endorsed lower court and federal court decisions giving effect to anti-concurrent causation (ACC) clauses and held that such provisions bar coverage where a combination of an excluded peril and an included peril operate together to cause the loss. In JAW The Pointe, LLC v.Few aspects of insurance law are more provocative than the anti-con-current causation clauses (“ACCs”). In circumstances where an insured suffers a loss concurrently caused by both covered and ...The court upheld the anti-concurrent causation clause, noting that the evidence demonstrated that the plaintiffs’ loss was attributable to the subsurface water pressure that was exerted upon the empty swimming pool, even though it was precipitated by the drainage of the pool and heavy rainfall. 29 29 Id. at 685 (citingCali v.Addressing the Second District’s concern that concurrent causation would potentially nullify all exclusionary language, the Florida Supreme Court expressly disagreed with that notion, and stated that “AHAC explicitly wrote other sections of Sebo’s policy to avoid applying” the concurrent causation doctrine, but did not do so with ... North Carolina is a concurrent causation state. A loss will generally be covered if the damage results from more than one cause of loss even if one of the causes is specifically excluded under the policy. 1 If there is more than one cause of loss – one covered and one not covered – both may be covered. In North Carolina, a covered loss …No correlation/causation list would be complete without discussing parental concerns over vaccination safety. Before the COVID-19 pandemic hit the world in 2020, the main issue was a fear among some parents that the measles, mumps and rubella vaccination was causally linked to autism spectrum disorders. This notion was …In more recent times, these concurrent causation exclusions have also become known as “anti-concurrent exclusions,” since their purpose is to prevent the theory ...Eventually, the doctrine of concurrent causation, which states that the presence of any covered peril in the chain of causation renders the loss covered, grew roots in California and other jurisdictions. 7. The ACC clause was the insurance industry’s reaction to a rise in unsettled (and unsettling) causation jurisprudence.December 3, 2014 by: Content Team. Concurrent jurisdiction occurs when more than one court has the authority to hear and decide a civil or criminal case. For instance, in the United States, both federal and state courts have concurrent jurisdiction to hear and decide many types of cases. Similarly, many states have instituted specialized courts ...This Article is principally concerned with insurance causation in sit-uations where concurrent and consecutive perils, one covered and one excluded, combine to cause a single loss to insured property. Under those conditions, the legally responsible cause of loss to insured prop- Concurrent cause situations are often described as ‘two hunter problems’, referring to a hypothetical situation in which two hunters in the woods both negligently shoot the same victim at the same time, killing him. Standard causation does not help here, since it is impossible to say which hunter caused the victim’s death. Concurrent insurance is two insurance policies held at the same time. Meanwhile, concurrent causation is related to property insurance. This type of legal ...An ACC provision applies in either sequential-cause situations, where the first event sets in motion a chain of events that causes a second event that causes the loss, or concurrent-cause situations, where two or more causes of loss happen simultaneously to produce the same injury or damage. If any cause of loss falls within the terms of a ...Under the concurrent causation doctrine, an insured is entitled to coverage for that portion of damage caused by a covered cause of loss, even when a non-covered cause of loss also damages property.Concurrent causation is a method used in insurance claims for handling losses or damages that occur from more than one cause. The roots of concurrent causation stem from court rulings and opinions, which form a body of legal precedent, which becomes useful when parties in a dispute require the … See moreIt’s said that “defeat is an orphan,” but insurablelosses often have multiple, concurrent causes. In some cases, one or more of those causes might be outside the scope of coverage, either by omission or exclusion. In Sebo v.American Home Assurance Company, No. SC14-897 (Fla. Dec. 1, 2016), the Supreme Court of Florida ruled that if …of this type of concurrent causation is a contractor’s failure to place a protective covering over certain project building ma-terials, which are then exposed to rain wa-ter, causing damage to the property. Nei-ther of these is sufficient to cause a loss in and of itself. That is, if the contractor had placed a protective covering over the Mar 24, 2023 · It is perhaps unsurprising then that causation in tort law has been subject to rigorous analysis over the years by legal commentators4 and the courts.5 According to the dominant paradigm — articulated most notably by Professors H.L.A. Hart and Tony Honoré — causation comprises two components: “actual causation” (or “causation in fact”)Feb 1, 2008 · This clear intent of the clause was set out by Michael E. Bragg, assistant counsel for State Farm Insurance Companies who wrote “Concurrent Causation and the Art of Policy Drafting: New Perils for Property Insurers”, 20 Forum 385 (Spring 1985) cited extensively throughout Rossmiller, above. Practical ConsiderationsConcurrent causation is a legal doctrine relevant to property insurance. This doctrine may apply when two or more events have contributed to a loss and one of them is a covered peril, while the other cause is excluded from coverage. The events may occur simultaneously or one after the other. When the doctrine is applicable, the insurer …Advertisement One of the reasons gun debates are so difficult to settle, aside from the strong feelings involved, is that the data involved in researching connections between gun l...Oct 22, 2014 · In fact, the New Jersey Supreme Court recently held that “ [t]hese two forms of causation”—“but for” and “substantial factor”—are “mutually exclusive,” and that a “but-for” charge should only be given where “there is only one potential cause of the injury or harm.”. In concurrent causation situations, the Court held ... 5 Feb 2019 ... The clause allows an insurance company to narrowly restrict coverage to covered perils only; if a loss was caused by multiple perils, some ...Concurrent causation occurs when a loss is brought about through a combination of two or more potential causes. In the leading case of Derksen v. 539938 Ontario Ltd., the Supreme Court of Canada addressed concurrent causation in insurance claims. The court considered a scenario where the loss was caused by the combination …December 3, 2014 by: Content Team. Concurrent jurisdiction occurs when more than one court has the authority to hear and decide a civil or criminal case. For instance, in the United States, both federal and state courts have concurrent jurisdiction to hear and decide many types of cases. Similarly, many states have instituted specialized courts ...An anti-concurrent cause clause (“ACC clause”) is a contractual limitation “in a first-party insurance policy that provides that when a covered cause and noncovered clause combine to cause a loss, all losses directly and indirectly caused by those events are excluded from coverage.” 4 If the exclusion does not include an ACC clause, the ...Sep 28, 2023 · The question of whether or not the homeowner is covered can be answered by the Concurrent Causation Doctrine. The Concurrent Causation Doctrine applies when a covered risk and an excluded risk combine to create one indivisible injury. May 1, 2016 · Causation is a term used to refer to the relationship between a person’s actions and the result of those actions. In a legal sense, causation is used to connect the dots between a person’s actions, such as driving under the influence, and the result, such as an accident causing serious injuries. Establishing causation is not, in itself ... An anti-concurrent cause clause (“ACC clause”) is a contractual limitation “in a first-party insurance policy that provides that when a covered cause and noncovered clause combine to cause a loss, all losses directly and indirectly caused by those events are excluded from coverage.” 4 If the exclusion does not include an ACC clause, the ...but-for cause. But-for cause, sometimes used interchangeably with actual cause, is a necessary element for both liability in civil cases and a guilty verdict under much of criminal law. In civil cases, but-for cause combines with proximate cause to fulfill the causation requirement of any tort. In criminal cases, but-for cause is generally ...30 Jul 2021 ... Even following the Supreme Court's adoption, in the Financial Conduct Authority (FCA) COVID-19 business interruption insurance test case, of a ...Concurrent Causation and Effect. Why the Sebo verdict sent shivers through property insurers—and how to fight it. First-party insurance policies protecting homes and businesses can take many forms and vary in the scope of risk covered by the policy. One way insurers attempt to manage risk is by limiting coverage based on the …The Facts and Judgment. In August 2007, unknown third parties attempted, unsuccessfully, to smuggle drugs out of Venezuela by attaching them to the hull of the vessel 'B Atlantic'. Venezuelan authorities located the drugs during an inspection and seized and detained the vessel. In June 2008, the owners served a notice of abandonment …Concurrent means multiple things are happening at the same time or during the same window of time. Consecutive means multiple things are happening one after the other, in sequence. If you have two consecutive meetings, you have two meetings back to back. If you have two meetings scheduled for the same time, you could use the word …Courts employ a set of proximate cause rules to resolve causation disputes when a property policy states that it covers or excludes losses "caused by" a peril and there is more than one peril at work in a fact pattern. Under common law, whether the policy provides coverage depends on which peril is chosen as the proximate cause. If the peril ... Concurrent causation is a method used in insurance claims for handling losses or damages that occur from more than one cause. The roots of concurrent causation stem from court rulings and opinions, which form a body of legal precedent, which becomes useful when parties in a dispute require the … See moreCausation in these concurrent risk scenarios ought to be answered by a simple, “but for” question— i.e., had the risk of contracting disease allegedly created by …Concurrent means multiple things are happening at the same time or during the same window of time. Consecutive means multiple things are happening one after the other, in sequence. If you have two consecutive meetings, you have two meetings back to back. If you have two meetings scheduled for the same time, you could use the word …1. INTRODUCTION. Concurrent delay is a vexed and complex technical and legal issue. The challenge is to equitably determine: 1) the contractor’s entitlement to a time extension as a result of an owner-responsible delay event (liability) and recovery of the contractor’s extended time-related costs (damages) that result from such delays; and 2) the owner’s …Call 305-577-3996 or send us a message through our Contact Us page to schedule a free and confidential consultation with a skilled Miami property insurance lawyer at Ver Ploeg & Marino, P.A. Share. Property insurers often deny claims on the basis that there were concurrent causes, some of which are covered and some that aren’t. Learn …Concurrent Causes: Legal Framework and Developments. Issues of insurance causation most often come before the courts in two types of situations: coverage disputes and loss distribution disputes. Courts are accustomed to applying causation principles to claims in negligence; however, causation as it relates to insurance …Under the concurrent causation doctrine, an insured is entitled to coverage for that portion of damage caused by a covered cause of loss, even when a non-covered cause of loss also damages property.Prominent theories of crime causation are strain theory, in which people commit crimes to get relief from strain or stress, and control theory, which claims that others force peopl...May 10, 2012 · Concurrent causation is a legal doctrine developed primarily in California case law that finds coverage for a loss caused by two (or more) events, despite common property policy exclusions such as ... Concurrent Causation and Effect. Why the Sebo verdict sent shivers through property insurers—and how to fight it. First-party insurance policies protecting homes and businesses can take many forms and vary in the scope of risk covered by the policy. One way insurers attempt to manage risk is by limiting coverage based on the …It’s said that “defeat is an orphan,” but insurablelosses often have multiple, concurrent causes. In some cases, one or more of those causes might be outside the scope of coverage, either by omission or exclusion. In Sebo v.American Home Assurance Company, No. SC14-897 (Fla. Dec. 1, 2016), the Supreme Court of Florida ruled that if …Feb 25, 2019 · Concurrent causation is the legal doctrine that applies when loss or damage occurs because of two or more causes, one that is covered, such as negligence on the part of a third party, and one that ... In the insurance law context, the causation analysis focuses upon the peril that causes the loss or damage. A “concurrent cause” is “one of two or more ...The term ‘concurrent’ in insurance refers to simultaneous events or causes that lead to a loss or damage. In the context of insurance claims, when two or more …Concurrent causation is a legal doctrine relevant to property insurance. This doctrine may apply when two or more events have contributed to a loss and one of them is a covered peril, while the other cause is excluded from coverage. The events may occur simultaneously or one after the other. When the doctrine is applicable, the insurer …Concurrent Causation Coverage. In 1982 and 1983 two court cases in California, which involved a concept known as “concurrent causation,” pro-duced a drastic change in underwriters’ thinking about all risks coverage. The first case, Safeco Insurance Co. v. Guyton, 692 F.2d 551 (1982), found the insurer liable for flood damage under an all ... (2) One might also wish to remember that if two events, X any Y cause a third, and there is an anti-concurrent-causation clause in the policy, then the presence of one of the causes, even if its contribution is very small, say, 2% (whatever that might mean), and some other cause was 98% of the causal factors, there will be no coverage.Jan 13, 2011 · Wuerfel & Mark Koop, “Efficient Proximate Causation” in the Context of Property Insurance Claims, 65 DEF. COUNS. J. 400, 405˜07 (1998) (approximately three-fifths of American states utilize the domi-nant cause approach to concurrent causation). 2. Robert H. Jerry II was the first to categorize three possible approaches to concurrent …Failing to discuss ordinance or law could result in an E&O claim. Mark Rosalbo is a senior advisor at NFP in Montpelier, Vt. He has over 25 years of experience in financial services and insurance ...Oct 8, 2015 · The Texas Supreme Court in JAW the Point, LLC v. Lexington Ins. Co., 460 S.W.3d 597 (Tex. 2015) held, on first impression, that losses incurred inJan 10, 2019 · Some insurance policies include an anti-concurrent causation clause, which precludes coverage of specific losses in the event of an accident involving “concurrent causes.” For example, an anti-concurrent causation clause might exclude losses due to fire, even when it occurs concurrently with some other cause. The Court found that causation must in fact be proved based on the situation as it was known at the time. Saga Cruises emphasises that causation should always be considered when assessing concurrent delay. A contractor should not be entitled to the benefit of an owner's delay event if it was already in delay, with effect that the owner's …Under this exception, the liability in apportionment approach might be an appropriate solution to the question of the insurer's liability under concurrent causation. This approach, however, is not suggested for concurrent causation where an uninsured risk is one of the proximate causes.They move together or show up at the same time. There are three types of correlations that we can identify: Positive correlation is when you observe A increasing and B increases as well. Or if A decreases, B correspondingly decreases. Example: the more purchases made in your app, the more time is spent using your app.17 Mar 2023 ... About the Webinar: Last year two different panels of the 5th Circuit certified questions concerning the Texas Concurrent Causation doctrine, ...Mar 13, 2017 · For a long time, losses were covered under standard application of the Concurrent Causation Doctrine. Concurrent causation holds that if a loss is caused by two perils, one of which is excluded and one of which is covered by the applicable property policy, then the loss is covered. This doctrine prevailed through 1970s and 1980s. An anti-concurrent causation clause bars coverage when two identifiable causes-one covered and one not covered-contribute to a single loss. In that case, the court dismissed the insured’s claim for damages to certain portions of the property, noting that federal and state courts in New Jersey have applied and enforced anti-concurrent ...causation. This approach, however, is not suggested for concurrent causation where an uninsured risk is one of the proximate causes. Keywords: insurer’s liability; concurrent causation; sole proximate cause; liability in apportionment Introduction Causation is a general principle of insurance law under which an insurer will only be liable for ...Courts employ a set of proximate cause rules to resolve causation disputes when a property policy states that it covers or excludes losses "caused by" a peril and there is more than one peril at work in a fact pattern. Under common law, whether the policy provides coverage depends on which peril is chosen as the proximate cause. If the peril ... May 1, 2016 · Causation is a term used to refer to the relationship between a person’s actions and the result of those actions. In a legal sense, causation is used to connect the dots between a person’s actions, such as driving under the influence, and the result, such as an accident causing serious injuries. Establishing causation is not, in itself ... .

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