Texas Ruling Won't End Anti-Concurrent Clause Suits

By Jeff Sistrunk (April 29, 2015, 2:25 PM EDT) -- The Texas Supreme Court's blessing of anti-concurrent causation clauses, exclusions that bar coverage for a loss caused by both a covered and excluded event, will not spell the end to causation battles across the state, attorneys say.

In an April 24 decision, the state high court affirmed Lexington Insurance Co.'s appellate win reversing a jury verdict under a policy that excluded coverage for flood damage even when the building was damaged concurrently by a covered cause of loss. The case marked the first time the Supreme Court had ruled on an anti-concurrent causation clause.

While the decision puts to bed the...

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