Applying Proximate Cause And Ensuing Loss Principles

The Eighth Circuit clarified that Minnesota applies the majority rule — efficient and proximate cause — in interpreting property insurance policies.

November 1, 2012

Law360, New York (November 01, 2012, 3:40 PM ET) -- In Friedberg v. Chubb & Son Inc., 691 F.3d 948 (8th Cir. 2012), the court rejected the homeowners’ appeal of a summary judgment in Chubb’s favor in a case where they sought insurance coverage for extensive damage to their home’s exterior framing and insulation. Water penetrating through defects in the house’s exterior cladding system and through a defective roof had caused most of the damage.

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