Good News as an Insured under All-Risk Property Insurance Policy

Really good news if you are an insured under an all-risk property insurance policy. The Florida Supreme Court came out with a ruling benefitting the insured – policyholder—when it comes to all-risk property insurance policies. If there is a loss, an insurer may (or will!) blame an excluded peril for the cause of the loss versus a peril covered under the policy.

Say two perils, one excluded and another covered, concurrently combined to cause the loss. Is there coverage? In a favorable ruling by the Florida Supreme Court, if there are concurrent causes to a loss, one covered under the policy and another excluded under the policy, and there is no reasonable way to determine the primary cause of the loss, then the concurrent cause doctrine applies to determine whether there is coverage. Under the concurrent cause doctrine, when concurrent perils cause a loss there is coverage even if one of the perils is excluded under the policy. This is a huge advantage to an insured.

 

Please contact David Adelstein at dadelstein@gmail.com or (954) 361-4720 if you have questions or would like more information regarding this article. You can follow David Adelstein on Twitter @DavidAdelstein1.

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