Insurance Litigation, Proximate Cause, Insurance Industry

Texas Supreme Court Narrows Employer Liability and Explains Standard for Proximate Cause

Cozen O'Connor on 6/30/2025

In a significant decision issued on June 27, 2025, the Supreme Court of Texas reversed a jury verdict awarding over $89 million in damages in favor of the plaintiffs in Werner Enterprises, Inc. v. Blake, holding that the...more

This Week At The Ninth: Bivens and Montana Insurance Law

Morrison & Foerster LLP - Left Coast Appeals on 2/6/2023

This week, the Court addresses the availability of a Bivens cause of action against federal officials and certifies two insurance law questions to the Montana Supreme Court. The Court holds that a Bivens cause of action...more

Caused, in Whole or In Part, By: Additional Insured Coverage in the Wake of Burlington v. NYCTA

Goldberg Segalla on 4/5/2022

Obtaining additional insured coverage is one critical tool in the risk transfer toolbox. Owners and contractors on construction projects routinely ask “downstream” contractors and subcontractors to sign contracts wherein the...more

Establishing Proximate Cause Where Both Roads Lead to the Defendant

White and Williams LLP on 12/27/2019

In Westfield Ins. Group v. Pure Renovations, LLC, 2019-Ohio-4773, 2019 Ohio App. LEXIS 4829, the Court of Appeals of Ohio considered whether the lower court properly granted the defendant’s summary judgment motion. In its...more

Another (need we say it?) Disappointed Additional Insured

Butler Snow LLP on 10/15/2018

One commentator has called the scope of Additional Insured coverage “[o]ne of the oldest and most confounding debates in the insurance world.” Another chapter was written the other day in Pioneer Cent. Sch. Dist. v. Preferred...more

Resolving The Multiple Peril Puzzle In First Party Insurance Claims

Rumberger | Kirk on 11/20/2017

First party insurance claims involving multiple perils present unique challenges when assessing whether an insurance policy provides coverage. For example, suppose an insurance policy covers damage resulting from fire, but...more

Georgia Federal Court Rules on Questions of Efficient Proximate Cause, Manifestation/Continuous Trigger and Pro Rata Allocation of...

Carlton Fields on 10/10/2017

In ACE American Ins. Co. v. Exide Technologies, Inc. and The Wattles Co., No. 1:16-CV-1600-MHC (N.D. Ga. Sept. 20, 2017), the Federal District Court for the Northern District of Georgia applied a continuous trigger theory to...more

The Continuing Saga of Sebo v. American Home Assurance Company: The Second District Court of Appeal Rules on Remand

Butler Weihmuller Katz Craig LLP on 7/26/2017

On July 20, 2017, the Second District Court of Appeal issued an order that closed its books on the Sebo appeal. Mr. Sebo made a homeowner’s claim to American Home contending construction deficiencies had allowed water to...more

Poisoning the Well: Washington Supreme Court Applies Efficient Proximate Cause to Eviscerate Pollution Exclusion in Liability...

Carlton Fields on 7/11/2017

Professionals and practitioners in first party property insurance are likely familiar with the efficient proximate cause rule, which requires an insurance policy to provide coverage where “a covered peril sets in motion a...more

Competing Causes of Loss: Florida Supreme Court Issues Decision Applying The Concurrent Causation Doctrine

Robinson+Cole Property Insurance Coverage... on 12/6/2016

We have discussed on a number of occasions the issue of causation when there are multiple causes of loss, some covered and some not covered. Most jurisdictions apply what is known as the efficient proximate cause analysis...more

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