Anti-Concurrent Causation Clause
An anti-concurrent causation clause excludes coverage for a loss whenever an excluded peril contributes to the loss at all, even if a covered peril also contributed, regardless of the sequence of events.
Traditional causation doctrines like efficient proximate cause ask which cause was the predominant or triggering one when covered and excluded perils combine to produce a loss, often preserving coverage if the covered peril was the dominant cause. An anti-concurrent causation clause is designed to override that analysis by stating that the loss is excluded if an excluded peril contributes 'in any sequence' — regardless of whether it was the primary, secondary, or a minor contributing cause.
These clauses have generated substantial litigation, especially around flood-versus-wind damage in hurricane claims, because they can eliminate coverage for wind damage a policy would otherwise cover if flood (a commonly excluded peril in standard homeowners policies) also contributed to the same loss. Courts differ on how broadly to enforce anti-concurrent causation language, with some strictly enforcing it as written and others construing it narrowly against the drafting insurer or declining to apply it where state law or public policy limits such clauses.
Juricratic models an anti-concurrent causation dispute as a causation-sensitivity scenario: the user can toggle the assumed relative contribution of the excluded and covered perils to see how the simulated coverage outcome shifts between an efficient-proximate-cause jurisdiction and an anti-concurrent-causation jurisdiction, making the doctrinal stakes visible without asserting which rule governs the user's own facts.
How it actually shows up
Coverage litigators identify early which causation doctrine the governing jurisdiction applies, since an anti-concurrent causation clause can convert a claim that would be substantially covered under efficient proximate cause into one that is entirely excluded, making the choice-of-law and causation-doctrine questions often more decisive than the underlying factual damage assessment.
- How does an anti-concurrent causation clause differ from efficient proximate cause?
- Efficient proximate cause asks which cause predominated and can preserve coverage if the covered peril was dominant; an anti-concurrent causation clause instead excludes coverage whenever an excluded peril contributes at all, regardless of sequence or predominance.
- Do all states enforce anti-concurrent causation clauses the same way?
- No. Enforcement varies significantly, with some jurisdictions applying the clause as written and others limiting or rejecting it based on state insurance law or public policy.
- Why are these clauses common in hurricane-prone regions?
- Because wind and flood often damage the same property together, and insurers use anti-concurrent causation language to try to exclude coverage for wind damage whenever flood — a typically excluded peril in standard policies — also contributed.
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