'Anti-Concurrent Cause' Won't Work In Ariz. Fire Policies
September 1, 2015
Law360, New York (September 1, 2015, 2:34 PM ET) -- Anti-concurrent cause (ACC) provisions in first-party property insurance policies allow the parties to contract around the efficient proximate cause rule and exclude a loss caused concurrently by an excluded and a covered peril regardless of which is the predominate or most efficient cause. The majority of jurisdictions, with the notable exception of California, enforce ACC provisions. The United States Court of Appeals for the Ninth Circuit, however, recently negated the enforceability of an ACC provision under Arizona law notwithstanding that Arizona has not adopted the efficient proximate cause rule. The court determined an ACC clause is inconsistent with the Arizona Standard Fire Policy.
All Content © 2003‐2015, Portfolio Media, Inc.
The articles on our website include some of the publications and papers authored by our attorneys, both before and after they joined our firm. The content of these articles should not be taken as legal advice. The views and opinions expressed in this article are those of the author(s) and do not necessarily reflect the views or official position of Robins Kaplan LLP.
Damned if You Don’t
In Times of Crisis:
If you are interested in having us represent you, you should call us so we can determine whether the matter is one for which we are willing or able to accept professional responsibility. We will not make this determination by e-mail communication. The telephone numbers and addresses for our offices are listed on this page. We reserve the right to decline any representation. We may be required to decline representation if it would create a conflict of interest with our other clients.
By accepting these terms, you are confirming that you have read and understood this important notice.