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We are a carrier-subscriber with a question involving concurrent causation and proximate cause issues.  Our area has experienced highly unusual weather patterns resulting in record snowfall combined with extended low temperatures.  We have received several claims involving frost-heaving, where masonry driveways, porches, etc. have been severely up-lifted.  Open peril manuscript policies, very similar to ISO policies; apply.  While we understand that freezing, thawing, pressure, etc. to patios, foundations, etc. are not covered, the up-lifted slabs are causing structural damage to posts, beams, garage door trim, stucco, etc.  The question is: Is ensuing damage to non-excluded structural components covered as "freezing", or is all damage excluded since the proximate cause is likely frozen ground water which has expanded the soil; and, would ground water/earth movement exclusions apply?  (The policy also has standard exclusions, including: "Settling, cracking, shrinking, bulging, or expansion of pavements, patios, foundations, walls, floors, roof or ceilings") 

 Idaho subscriber

The ISO form has an exception to the exclusion at the end of the section that states that ensuing losses not otherwise excluded are covered as follows: "Under 2.b. and c. above, any ensuing loss to property described in Coverages A and B not precluded by any other provision in this policy is covered." Then you have to look at the exclusions; earth movement including sinking, rising or shifting is excluded, and your loss is caused by earth movement. The earth movement exclusion contains anti-concurrent causation language; "such loss is excluded regardless of any other cause or event contributing concurrently or in any sequence to the loss." And as you point out, there's the exclusion for settling, shrinking, bulging although that also has the exception for ensuing losses, but since earth movement is solidly excluded, there is no coverage.  

 

 

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