Tag Archives: All Risk

Court Rejects Jury Instruction Inconsistent with Concurrent Causation Doctrine; Remands for New Trial

In December of 2016, I wrote about Sebo v. American Home Assurance Company,1 where the Florida Supreme Court reversed the appellate court’s adoption of the “Proximate Efficient Cause” doctrine and found that instead, the lower court should have applied the “Concurrent Causation Doctrine,” as laid out in Wallach v. Rosenberg,2 in a situation where both … Continue Reading

Policy Interpretation Matters for Coverage Application and Court Reminds Insurance Company that it Wrote the Policy

At a recent insurance conference, I heard a discussion in passing between industry folks about the trend of trying to kill the name “all-risk insurance policy.” The basic conversation was that we should stop using the all-risk language and use the form names more because the insinuation has been made that the policies labeled as … Continue Reading

All-Risk Coverage Includes Damage to Buildings Caused by Vehicles that Plow into Buildings

Sudden and Accidental impacts that come in the form of cars, trucks, tractors, or other motorized vehicle are covered under structure or Coverage A insurance under most policies. Often, we encounter with weather related perils, but for policyholders who have suffered a claim loss of property damage caused by a vehicle that runs off the … Continue Reading

With an All-Risk Policy, Does the Policyholder Have to Specify What the Covered Peril Is?

We have often discussed the importance of the type of insurance policy involved and the difference it makes from a coverage perspective. For example, the burden of proof is different between a named-peril policy and an all-risk policy. Knowing the difference is important, and knowing what your rights are under the policy you have purchased … Continue Reading

Named Peril or All-Risk Insurance: What’s the Difference and Which is Better in a Given Situation?

I have previously blogged about the pros and cons of purchasing earthquake insurance. This week, I write to discuss an associated topic – the differences between an all-risk and a named peril insurance policy, and which is better in a given situation. Essentially, insurers write two kinds of policies for homeowners and small businesses: named … Continue Reading

Policyholders’ Burden Of Proof Under All-Risk Policies Is Characterized As “Relatively Light”

In litigation, parties’ burdens of proof are extremely important. Litigators must understand the burdens of proof applicable to the case they are involved in. Think of the difference between having to prove that a loss is covered pursuant to specific policy terms and having to prove only that a loss that was fortuitous and it … Continue Reading

Earthquake Insurance Coverage in California is not covered under the “All Risk” Policy

California is prone to natural disasters. Just this last Sunday, Southern California was pummeled with rainstorms that drenched the area with intense downpours throughout the day. In Los Angeles County, evidence of this is all over as the affluent neighborhood of Hancock Park found itself underwater in various residential pockets. Even boutique stores along the … Continue Reading

The Loss in Progress Doctrine: Deconstructing the All-risk Policy

Closely related to the fortuity doctrine, are the doctrines of known loss or loss in progress. Known loss is fairly simple and can often lead to allegations of fraud by the insured. If an insured knows of a loss and then procures insurance to cover it by concealing material information from the insurance company, the … Continue Reading

Basic Thresholds to Coverage: Deconstructing the All-Risk Policy

After spending the past several weeks looking at common exclusions to the all-risk policy, this week’s blog will focus on more basic requirements that must be met in order for coverage to exist. Some will seem very straightforward, but others actually raise interesting legal issues when the right circumstances arise.… Continue Reading

Deconstructing the All-Risk Policy: In the Beginning, Part 2

Last week, I began a brief history of the all-risk policy. I left off at the point where insurance companies were beginning to add more perils to their policies. Originally, these perils were added by underwriters, many times at the consumer’s request. In an effort to simplify the underwriting process and increase profits insurance companies … Continue Reading

Deconstructing the All-Risk Policy: In the Beginning…

My post last week touched on an ambiguity that arose out of an all-risk policy, and I realized that the all-risk policy is an interesting and important topic that has not yet been discussed in detail on this blog. Insurance has evolved over time, and the all-risk policy is, perhaps, the evolution that has most … Continue Reading

Does an “All-Risk” Policy Really Cover All Risks?

Many homeowners, like me, purchase some sort of insurance for their property: coverage for wind/hurricane, homeowner’s and flood. Typically, a homeowner will expect that a flood insurance policy provides coverage for a flood, a wind/hurricane policy provides coverage for a hurricane or other wind damage, and a homeowner’s policy provides coverage for damages resulting from … Continue Reading