News & Analysis as of

Property Insurance Proximate Cause

Zelle  LLP

California Wildfires - Underwriting Considerations

Zelle LLP on

Wildfires in California are, unfortunately, burning as frequently and as ferociously as ever. Exemplified by the 2017, 2018, and 2020 wildfire seasons, the number of wildfires in the last 5 years stands at a staggering 85,028...more

Holland & Knight LLP

West Coast Real Estate Update - May 2018

Holland & Knight LLP on

New Rules on the Horizon to Reduce Emissions and Improve Air Quality - Facing pressure to meet federal clean air standards, California's South Coast Air Quality Management District (SCAQMD) voted 7-6 to direct staff to...more

Zelle  LLP

Calif. Landslides Prompt 'Efficient Proximate Cause' Rehash

Zelle LLP on

Mother Nature recently reminded California, as she often does, of how cruel she can be. In December 2017, the state experienced its largest wildfire in history. The wildfire, known as the Thomas Fire, burned more than 281,000...more

Carlton Fields

Georgia Federal Court Rules on Questions of Efficient Proximate Cause, Manifestation/Continuous Trigger and Pro Rata Allocation of...

Carlton Fields on

In ACE American Ins. Co. v. Exide Technologies, Inc. and The Wattles Co., No. 1:16-CV-1600-MHC (N.D. Ga. Sept. 20, 2017), the Federal District Court for the Northern District of Georgia applied a continuous trigger theory to...more

Robinson+Cole Property Insurance Coverage...

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

Farella Braun + Martel LLP

High Fire Season Followed by El Nino Sets California Policyholders on Collision Course With Property Insurers

Regular readers of the San Francisco Chronicle saw two familiar headlines in the September 10, 2015 issue of that paper. The first – “Northern California wildfire explodes in size”[1] – would not have been unusual on any...more

Proskauer - Insurance Recovery & Counseling

New Jersey State Court Rules Damage Caused by Superstorm Sandy Not Subject to Flood Sublimit

In a decisive victory for policyholders, Judge Thomas Vena of the Essex County Superior Court in New Jersey ruled that significant damages incurred by Public Service Enterprise Group Inc. (“PSEG”) as a result of storm surge...more

Cozen O'Connor

Ninth Circuit: Under Arizona Law Mudslide Can Be Covered as the Direct Result of Fire

Cozen O'Connor on

Last Friday, a unanimous panel of the Ninth Circuit held that loss from the excluded peril of mudslide occurring one month after a wildfire could be covered as the “direct” result of the blaze. In Stankova v. Metropolitan...more

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