Property & Casualty Insurance Exam (National Portion)Property InsuranceHard

A client's commercial building is damaged by a lightning strike, causing a fire. The policy has a standard Basic Cause of Loss form. During the claim adjustment, it is discovered that the building also has extensive, pre-existing termite damage that significantly weakened its structure, contributing to the extent of the fire damage. How will the 'concurrent causation' doctrine likely impact this claim?

  1. AThe insurer will deny the entire claim due to the pre-existing termite damage.
  2. BThe insurer will cover the entire loss, as lightning is a covered peril.
  3. CThe insurer will pay the full loss, but then subrogate against the previous owner for the termite damage.
  4. DThe insurer will attempt to separate the damages and only pay for the portion directly caused by the lightning and fire.
Show answer & explanation

Correct answer: D. The insurer will attempt to separate the damages and only pay for the portion directly caused by the lightning and fire.

The concurrent causation doctrine states that if a loss is caused by two or more perils simultaneously, and at least one of those perils is covered while another is excluded (or not covered), coverage may still apply. However, most modern property policies include anti-concurrent causation language, specifically excluding losses where an excluded peril (like earth movement or inherent vice/deterioration, which termite damage falls under) contributes to the loss, even if a covered peril (like fire) also contributes. In the absence of such specific anti-concurrent language, or if the policy is ambiguous, the insurer would typically try to apportion the damage, covering only the portion directly attributable to the covered peril (lightning/fire) and excluding the portion due to the pre-existing, non-covered termite damage.

Why the other options are wrong

  • A. This is incorrect; while the termite damage is an issue, the fire itself was a covered peril.
  • B. This is incorrect; the pre-existing damage complicates the claim, preventing full coverage.
  • C. This is incorrect; subrogation is against a third party responsible for the loss, not typically a previous owner for pre-existing damage.

Concurrent Causation

A legal doctrine stating that if a loss is caused by two or more perils acting concurrently, and at least one of those perils is covered, the entire loss is covered, even if another peril is excluded. Many modern policies include 'anti-concurrent causation' language to counter this.

  • Relevant when multiple perils contribute to a single loss.
  • Can lead to full coverage if one cause is covered and policy is silent.
  • Anti-concurrent causation clauses are designed to exclude losses if ANY excluded peril contributes.

Memory trick: When two causes 'link', the policy must 'think' about what to pay!

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