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Causation › Denial of Insurance Coverage

Rivkin Radler LLP

August 2025 Insurance Update

Rivkin Radler LLP on

“Arising out of” is a phrase commonly found in an insurance policy. It’s a broad phrase, and courts construe it that way. When this phrase appears in an exclusion, courts often apply a “but for” causation test. And that may...more

Zelle LLP

Conn. Ruling Widens Scope Of Property Insurance Appraisals

Zelle LLP on

Property insurance policies commonly provide for an appraisal process to resolve disputes over the amount of loss. But as industry professionals know all too well, the meaning of "amount of loss" is often disputed, and courts...more

Cozen O'Connor

Tenth Circuit Rules Against Insurer and Decides That Appraisers Can Decide Causation

Cozen O'Connor on

In the continuing saga of what can and cannot be appraised in a property insurance appraisal, the Tenth Circuit, in contrast to many other courts, has ruled appraisers can determine coverage issues....more

Cozen O'Connor

Texas Court Holds That Unpaid Appraisal Award Does Not Conclusively Establish Causation or Damages in Hurricane Ike Insurance...

Cozen O'Connor on

While Hurricane Ike made landfall in Texas almost ten years ago, the resulting litigation is alive and well as evidenced by the recent decision in Texas Windstorm Insurance Association v. Dickinson Independent School...more

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