News & Analysis as of

Concurrent Causation

Concurrent delay: from North Sea to Arabian Gulf

by Dentons on

Questions surrounding which party is at fault and which party bears the risk commonly occur in construction projects where there are issues of concurrent delay....more

Concurrent delay and the 'prevention principle'

by White & Case LLP on

In a judgment issued earlier this week, the English High Court considered whether a contract excluding any claim for an extension of time in respect of periods of concurrent delay caused time to be rendered "at large" due to...more

Claims and Concurrent Causation Issues in the Wake of Hurricanes Harvey and Irma

by Wilson Elser on

Hurricanes Harvey and Irma delivered one of Mother Nature’s most powerful one-two punches in U.S. history. Harvey struck first. On August 25, 2017, the storm made landfall near the Texas Gulf Coast as a Category 4 Hurricane...more

Maria - Concurrent Causation in Puerto Rico

by Zelle LLP on

While Puerto Rico was spared a direct hit from Hurricane Irma, it now appears it will face the full brunt of Hurricane Maria. Maria is projected to strike Puerto Rico as a Category 4 Hurricane. Many of the same concurrent...more

Hurricane Irma – The State of Concurrent Causation and ACC Clauses in Florida

by Zelle LLP on

For years Florida courts were plagued by the issue of determining the appropriate theory of recovery to apply when two or more perils converge to cause a loss and at least one of the perils is excluded from an insurance...more

Concurrent Causation in Puerto Rico

by Zelle LLP on

While Puerto Rico was spared a direct hit from Hurricane Irma, it was lashed by Irma’s wind and experienced significant amounts of rain that will likely lead to flooding. There may also be damages arising from storm surge...more

Hurricane Harvey and Concurrent Causation in Louisiana

by Zelle LLP on

As bands of heavy rain from Hurricane Harvey move toward southwest Louisiana, damage from wind, rain and flooding is likely to affect the already storm-weary Pelican State. Anticipated damage is expected to fall into three...more

When Perils Combine – Concurrent Causation and Texas Law

by Zelle LLP on

Hurricane Harvey is the strongest hurricane to hit the Texas coast in over 55 years. Like all hurricanes, in some locations Harvey produced strong winds causing wind uplift and projectile property damage. Such damage was...more

The Continuing Saga of Sebo v. American Home Assurance Company: The Second District Court of Appeal Rules on Remand

On July 20, 2017, the Second District Court of Appeal issued an order that closed its books on the Sebo appeal. Mr. Sebo made a homeowner’s claim to American Home contending construction deficiencies had allowed water to...more

Florida, Sebo and the Concurrent Causation Doctrine

The Florida Supreme Court recently issued a widely reported decision, Sebo v. American Home Assurance Co., which applied the concurrent cause doctrine in ruling that an all-risk homeowner’s insurance policy provides coverage...more

Concurrent Cause Cases: Florida Supreme Court Decides District Split in Favor of Coverage

by Cozen O'Connor on

On December 1, 2016, the Florida Supreme Court held in an insurance coverage case that “when independent perils converge and no single cause can be considered the sole or proximate cause, it is appropriate to apply the...more

Competing Causes of Loss: Florida Supreme Court Issues Decision Applying The Concurrent Causation Doctrine

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...more

Florida’s Supreme Court Rules in Favor of Concurrent Cause Doctrine; Reverses Second District’s Application of Efficient Proximate...

In John Robert Sebo, etc. v. American Home Assurance Company, Inc., Supreme Court case number SC14-897, the Florida Supreme Court reversed a Second District Court opinion which found the efficient proximate cause doctrine...more

Playing With Fire: No Liability Coverage For Tax Preparers Who Took Deductions for Illegal Tax Shelters

by Carlton Fields on

“Gimme Shelter” is one of the greatest of a lot of great Rolling Stones songs (made greater by Merry Clayton’s gut-wrenching contribution). And, of course, “Gimme Shelter” is a cliché often trotted out in discussions of tax...more

Concurrent Causation from "A Medley of Interesting Disability Cases"

by Hinshaw & Culbertson LLP on

Facts and holding: Rita Kruk (“Kruk”), a Human Resources Specialist, was a participant in an ERISA plan provided through her employment that provided disability benefits. Kruk’s Plan stated that if a disability was due to a...more

Texas Supreme Court Accepts a Concurrent Cause and Ordinance or Law Matter Involving Hurricane Ike

by Cozen O'Connor on

On October 3rd, the Texas Supreme Court granted a policyholder’s petition for review in a Hurricane Ike matter that potentially gives Texas’ highest court an opportunity to address several important insurance issues. They...more

The Fuss Over Fracking: An Examination of the Insurance Issues Associated with Hydro-Fracking

by Nelson Brown & Co. on

Hydraulic fracturing, commonly referred to as “fracking,” is a drilling process used to extract underground oil or natural gas trapped in hard to reach shale rock formations deep in the earth. The process involves well...more

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