Tag Archives: causation

New Jersey Appellate Division Applies Anti-Concurrent Causation Clause to Bar Combined Flood/Sewer Backup Claim

Frequent readers of the blog will appreciate that disputes involving the application of anti-concurrent causation language in the context of claims for flood or water damage have appeared with some frequency in recent years. This increased level of cases is due in large part to the damage caused by Hurricane Irene in 2011 and Hurricane … Continue Reading

When It Rains It Pours: The First Circuit Tackles a Conflux of the Rain Limitation, Flood Coverage, Surface Water Exclusion, and Efficient Proximate Cause

In Fidelity Co-Operative Bank v. Nova Cas. Co., 726 F.3d 31 (1st Cir. 2013), the First Circuit addressed what can happen when a variety of inter-related perils converge to create one loss under a policy with numerous amendatory endorsements that differ substantially from the typical commercial property policy. The insured in this case suffered extensive … Continue Reading

“Earth Movement” Exclusion Bars Coverage for Damage Traced to Leak from Broken Water Pipe, According to Massachusetts Appeals Court

Most commercial and personal lines property insurance policies exclude damage caused directly or indirectly by the peril of “earth movement.” The ISO version of this exclusion appears in many modern policies and provides that: [Insurer] will not pay for loss or damage caused directly or indirectly by any of the following. Such loss or damage … Continue Reading

North Carolina Insurance Appraisal Award: Federal District Court Invalidates Appraisal Award Implicating Causation Issues

Insurance appraisal awards are frequently the subject of court decisions because of difficulties appraisal panels face when tasked with determining the amount of a loss, especially when the loss implicates potential coverage issues.  In the most recent decision coming out of the United States District Court for the Western District of North Carolina, an appraisal … Continue Reading
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