'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.

Disclaimer

Charles Cannizzaro

Associate

Related Publications

January 2024
Crack the Code: Evaluating Cyber Claim Exposure
Taylore Karpa Schollard - The Robins Kaplan Insurance Insight
January 2024
Don’t Shoot The Messenger
Michele Detherage - The Robins Kaplan Insurance Insight
January 2024
The Weight of Words
Melissa M. D’Alelio - The Robins Kaplan Insurance Insight
June 2023
Attorney Spotlight: Partner Christina M. Lincoln
Lauren Birkenstock - The Robins Kaplan Insurance Insight
Back to Top