SDV Insights

Fla. Policyholders Gain Slight Edge In Property Damage Cases


In breaking news yesterday, LAW360.com posted “the Florida Supreme Court ruled that policyholders may obtain coverage for an entire property insurance claim where there are multiple concurrent causes of loss and at least one is covered under a policy, agreeing with a decades-old precedential appellate decision.”

Today, LAW360 gave a detailed analysis of the decision, and asked Gregory Podolak for his input…

Greg Podolak, managing partner of Saxe Doernberger & Vita PC’s Southeast office, said the opinion provides concrete guidance to Florida policyholders and insurers by definitively establishing that “whether the concurrent causation or efficient proximate cause doctrines apply depends on the fact pattern.”

 “Where multiple independent perils come together to cause damage, the concurrent causation doctrine applies,” Podolak said. “In this case, significantly, the damage would not have occurred but for the presence of both the covered and excluded causes of loss.”

Click here to read the entire story.  You will need a subscription to Law360 in order to read this article.






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