Verne Pedro | Property Insurance Coverage Law Blog | April 24, 2019 In the 1950’s farce The Great Rupert (aka A Christmas Wish), starring Jimmy Durante, a mischievous dancing sideshow squirrel accidentally discovers and misdirects a miser’s cache of cash to an impoverished family living next door through a hole in the roof. Silly movie plot? Perhaps …… Continue reading Blame It on the Squirrel: Court Rules Furry Fatality Not Efficient Proximate Cause of Policyholder’s Power Station Damage
Tag: Efficient Proximate Cause
Calif. Landslides Prompt ‘Efficient Proximate Cause’ Rehash
Jennifer Hoffman | Zelle LLP | May 4, 2018 Mother Nature recently reminded California, as she often does, of how cruel she can be. In December 2017, the state experienced its largest wildfire in history.[1] The wildfire, known as the Thomas Fire, burned more than 281,000 acres in Southern California and destroyed more than 1,000… Continue reading Calif. Landslides Prompt ‘Efficient Proximate Cause’ Rehash
Jury Instruction That Fails to Utilize Concurrent Cause for Property Loss is Erroneous
Tred R. Eyerly | Insurance Law Hawaii | March 19, 2018 The Florida District Court reversed erroneous jury instructions that adopted the efficient proximate cause doctrine in determining whether the insurer was responsible for the insureds’ collapsed roof. Jones v. Federated National Ins. Co., 2018 Fla. App. LEXIS 561 (Fla. Ct. App. Jan. 17, 2018). The… Continue reading Jury Instruction That Fails to Utilize Concurrent Cause for Property Loss is Erroneous
Poisoning the Well: Washington Supreme Court Applies Efficient Proximate Cause to Eviscerate Pollution Exclusion in Liability Policy
Meredith Whigham Caiafa | PropertyCasualtyFocus | July 7, 2017 Professionals and practitioners in first party property insurance are likely familiar with the efficient proximate cause rule, which requires an insurance policy to provide coverage where “a covered peril sets in motion a causal chain,” even if subsequent causes-in-fact of the loss are excluded by the… Continue reading Poisoning the Well: Washington Supreme Court Applies Efficient Proximate Cause to Eviscerate Pollution Exclusion in Liability Policy
Washington Supreme Court Applies the Efficient Proximate Cause Rule to Third Party Liability Policy to Find a Duty to Defend
Sally S. Kim | Gordon & Rees LLP | May 11, 2017 The efficient proximate cause rule is one of the more confusing analyses that an insurance company must undertake when investigating certain coverage issues under first party insurance policies. And until now, the efficient proximate cause rule has only been applied to first party… Continue reading Washington Supreme Court Applies the Efficient Proximate Cause Rule to Third Party Liability Policy to Find a Duty to Defend