ANTI-CONCURRENT CAUSATION EXCLUSIONS. A COMPREHENSIVE INVESTIGATION IS CRUCIAL TO GOOD CLAIMS HANDLING
https://sites.google.com/site/metropolitanforensics/anti-concurrent-causation-exclusions-a-comprehensive-investigation-is-crucial-to-good-claims-handling
Many claims raise questions concerning the
cause of the loss and the application of anti-concurrent causation exclusions.
The courts in a number of jurisdictions have developed different
approaches to identify the cause of a loss for purposes of determining
coverage.
Furthermore, the law regarding the application of anti-concurrent causation language is not equally developed in all states. These differences in the law give rise to a number of questions concerning the positions that the parties will take regarding the cause of damage and which jurisdiction’s law will apply to any storm claims.
The specific policy language in question must be compared to the facts of the loss and often further legal research must be done to determine if there is additional precedent that would govern your specific situation. The proximate efficient cause of a loss requires a different analysis under the laws of the various states.
The New York causation analysis looks to the proximate, efficient and dominant cause of the loss. The New Jersey courts differ: they look to whether the first or last step in the chain of causation resulting in the loss was a covered event.
Connecticut courts employ a train of events test that looks to the first event in the chain of causation.
Furthermore, the law regarding the application of anti-concurrent causation language is not equally developed in all states. These differences in the law give rise to a number of questions concerning the positions that the parties will take regarding the cause of damage and which jurisdiction’s law will apply to any storm claims.
The specific policy language in question must be compared to the facts of the loss and often further legal research must be done to determine if there is additional precedent that would govern your specific situation. The proximate efficient cause of a loss requires a different analysis under the laws of the various states.
The New York causation analysis looks to the proximate, efficient and dominant cause of the loss. The New Jersey courts differ: they look to whether the first or last step in the chain of causation resulting in the loss was a covered event.
Connecticut courts employ a train of events test that looks to the first event in the chain of causation.
Nevertheless, it is Metropolitan’s experience
that there is no substitute for a thorough and comprehensive inspection of the
structures to determine the number of conditions that caused the loss and whether
the conditions worked independently, concurrently, or in a sequence to cause
the damage.
A comprehensive investigation is crucial to
good claims handling. Our clients require prompt and thorough claims
investigation and fact finding and Metropolitan delivers high quality services
at a highly competitive price.
Metropolitan has first-hand experience with a
wide range of industries—from remediation contractors and environmental
consultants to chemical companies and pipeline operators. Working closely
with our clients, Metropolitan has successfully assisted in multi-million
dollar environmental and toxic tort litigations and mediations and in
construction-related claims. We have also overseen Superfund, Natural
Resource and Brownfield remediation claims. Metropolitan understands the
sensitivities and concerns on all sides and takes a reasonable and thorough
approach to claims, as directed by our clients.
Metropolitan also provides risk control
services, helping our clients protect themselves against accidents and other
risks. Our expertise comes from first-hand experience, as well as
continuous learning, which ensures that we remain current with the latest in
construction methods, environmental science, regulations, compliance standards
and loss experience.
Whether
you are an insurance adjuster, contractor or a property owner, we can quickly
and accurately assess damages. 
What Metropolitan can provide for you:
- Roof Condition Assessments
- Cause of roof leaks and water penetration
- Cause of chimney discoloration
- Cause of blistering, cracking and/or separation of rooftop coverings or membranes
- Evaluation of damage to roof components such as HVAC units, skylights, and gutters
- Itemized reports of necessary repairs for cost effective remediation
- Structural assessments of roof framing and ceiling rafters
- Snow, hail, wind and ice build-up loss claim evaluations
- Analysis and assessment of roof damage and/or roof replacement due to storms
- Assessment of roof failure or collapse as a result of accumulated loads, additional weight or snow drift
Metropolitan has extensive experience in civil and
structural engineering evaluation. Our Registered Professional Engineers have
evaluated thousands of structures since 1976. We investigate failures and
accidents, provide oral or written reports of findings, and provide courtroom
testimony when required. We have investigated damage caused by hurricanes,
tornados, floods, fires, construction defects, soil subsidence and long term
neglect.
Our experience includes evaluations of homes, commercial
buildings, industrial facilities, marine terminals and historic structures. Our
areas of specific expertise include residential and commercial roofing,
foundations, building envelopes, water intrusion, construction defect
evaluation, and premises liability evaluations.
- Moisture Intrusion
- Roof Collapse
- Pool Failures
- Humidifier Failures
- Mold Assessments in Attic and other spaces
- Storm Damage Assessments
- Hurricane Damage
- Tornado Damage
- Construction Defects
- Thermal Imaging
- Slip and Falls
- Construction Vibration
- Hail Damage
- Flood Damage Assessments
- Resident Inspection Services
- Foundation Damage Assessment
- Retaining Wall Damage Assessment
- Stucco Damage Assessment
- Roadway and Sidewalk Claims
- Interior Finishes
- HVAC
- Plumbing
- Marine Facilities
- Basement Evaluation
METROPOLITAN PROFESSIONAL
ENGINEERING AND FORENSIC SERVICES
P.O. Box 0520
Tenafly, NJ 07670-0520
Tel.: (973) 897-8162
Fax: (973) 810-0440
E-mail: metroforensics@gmail.com