Example of Concurrent Causation

January 4, 2016

The introductory language to the section B.1 exclusion on the ISO special causes of loss form states, “We will not pay for loss or damage caused directly or indirectly by any of the following. Such loss or damage is excluded regardless of any other cause or event that contributes concurrently or in any sequence to the loss.”

Can you give me an example of what is meant by an event that contributes concurrently?

Pennsylvania Subscriber

One example comes from a court case that was important in establishing the anti-concurrent causation language in B.1, Safeco Ins. Co. v. Guyton, 692 F.2d 551 (C.A. Cal. 1982). In that case, flood waters caused damaged, and the flood was caused by a third party's negligent maintenance of flood controlled structures. The negligent maintenance was considered to be a covered peril on the policy (this was a homeowners form), so because there was one covered and one not covered peril that occurred to cause the damage, the court found that the loss was covered. These types of court decisions are part of what prompted language like that found in the introduction to B.1. exclusions to be included, so it would be clear that the exclusions applied, even if a covered peril also contributed to the loss.

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