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Anti-Concurrent Clauses

This two-part article constitutes an overall review of ACC clauses in first-party property policies and their application across the United States. Most courts have found ACC clauses to be enforceable, although a handful of states have held that insurers may not contractually opt out of the state's causation doctrines, i.e. , efficient proximate cause or concurrent causation. We conclude the article herein.

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In Part One of this article, we discussed that fact that the ACC clause eliminates the need for an analysis of proximate causation or concurrent causation where the excluded peril contributes in any way or in any sequence to a loss. This two-part article constitutes an overall review of ACC clauses in first-party property policies and their application across the United States. Most courts have found ACC clauses to be enforceable, although a handful of states have held that insurers may not contractually opt out of the state’s causation doctrines, i.e., efficient proximate cause or concurrent causation. We conclude the article herein.

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