Publications

<< Return to Publications List

Anti-concurrent cause: A shield, a sword or both? You decide.

June 18, 2020

In Sebo v. American Assurance Co., Inc., 208 So. 3d 694 (Fla. 2016), the Supreme Court found that when two or more perils converge to cause a loss and at least one of the perils is excluded from coverage under an “all-risk” policy, the insurance carrier is required to cover all of the damage because “there is no reasonable way to distinguish the proximate cause of [the] property loss.” Sebo, at 699.  This is known as the Concurrent Cause Doctrine.  The Supreme Court clarified, however, that the Concurrent Cause Doctrine does not otherwise nullify all exclusionary language and that a policy can be written to avoid such a result.   Known as an “anti-concurrent clause,” such language acts as a shield to preclude coverage when a covered loss and a non-covered loss converge to produce damage. 

Recently, Florida’s Third District in Security First Insurance Company v. Czelusniak, ---So.3d--- 2020 WL2463762, at *1 (Fla. Dist. Ct. App. May 13, 2020), reiterated the application of the anti-concurrent clause as a complete bar to coverage.  In Czelusniak, the claimed loss was caused by water  entering a home.   In entering a directed verdict in favor of the insured despite the existence of an anti-concurrent cause, the trial court reasoned that although water entering through a door was not expressly excluded under the policy, the jury would be unable to separate the water that came in through the door (non-excluded cause) from water that came in through the walls and windows (excluded causes).
 
The appellate court reversed the directed verdict and held that the  entire loss was excluded from coverage due to the anti-concurrent cause provision.   In accordance with Sebo, the Third District Court of Appeal stated that, “when the insurer explicitly avoids the application of the concurring-cause doctrine with an anti-concurrent cause provision, the plain language of the policy precludes recovery.” 
 
The Third District’s ruling in Czelusniak solidifies the protection afforded to insurers under an anti-concurrent clause and can be used as a shield against the plaintiff’s bar, who has used the concurrent cause doctrine as a sword to pressure insurance companies to pay for the complete replacement of roofs that are old and deteriorated, where there is minimal damage from wind or other covered loss.  

locations

Miami

Miami Office

9100 South Dadeland Blvd., Suite 1800
Miami, FL 33156

T: 305.374.1212 F: 305.374.7846

view location | map location

Miami-Dade

Key West

Key West Office

402 Applerouth Lane, Suite 2C
Key West, FL 33040

T: 305.509.7300 F: 305.374.7846

view location | map location
Monroe
Ft. Lauderdale

Ft. Lauderdale Office

110 East Broward Blvd., Suite 1400
Fort Lauderdale, FL 33301

T: 954.768.0011 F: 954.768.0514

view location | map location
Broward
West Palm Beach

West Palm Beach Office

1700 Palm Beach Lakes Blvd., Suite 800
West Palm Beach, FL 33401

T: 561.640.0303 F: 561.640.0524

view location | map location

Indian River | Martin | Okeechobee | Palm Beach | Saint Lucie

Tampa

Tampa Office

400 North Ashley Drive, Suite 1200
Tampa, FL 33602

T: 813.204.9776 F: 813.204.9660

view location | map location
Hernando | Hillsborough | Manatee | Pasco | Pinellas | Polk | Sarasota
Orlando

Orlando Office

201 South Orange Avenue, Suite 475
Orlando, FL 32801

T: 407.245.3630 F: 407.245.7685

view location | map location
Brevard | Highlands | Orange | Osceola | Seminole
Ocala

Ocala Office

1396 NE 20th Avenue, #500
Ocala, FL 34470

T: 352.622.4222 F: 352.622.9122

view location | map location
Alachua | Citrus | Dixie | Gilchrist | Lake | Levy | Marion | Putnam | Sumter | Volusia
Jacksonville

Jacksonville Office

1 Independent Drive, Suite 1601
Jacksonville, FL 32202

T: 904.396.0062 F: 904.396.0380

view location | map location
Baker | Bradford | Clay | Columbia | Duval | Flagler | Hamilton | Nassau | Saint Johns | Union
Pensacola

Pensacola Office

125 West Romana Street, Suite 550
Pensacola, FL 32502

T: 850.434.0003 F: 850.434.0223

view location | map location

Escambia | Holmes | Okaloosa | Santa Rosa | Walton

Tallahassee

Tallahassee Office

1705 Metropolitan Boulevard, Suite 202
Tallahassee, FL 32308

T: 850.222.5188 F: 850.222.5108

view location | map location

Bay | Calhoun | Franklin | Gadsden | Gulf | Jackson | Jefferson | Leon | Liberty | Wakulla | Washington | Madison | Lafayette | Taylor 

Ft. Myers

Ft. Myers Office

13350 Metro Parkway, Suite 201
Fort Myers, FL 33966

T: 239.334.8403 F: 239.939.0700

view location | map location

Charlotte | Collier | DeSoto | Glades | Hardee | Hendry | Lee

Mobile

Mobile Office

11 North Water Street, Suite 10290
Mobile, AL 36602

T: 251.308.3351 F: 251.287.1624

view location | map location

Baldwin | Washington | Clarke | Escambia | Covington | Geneva | Houston | Henry |  Dale | Coffee | Barbour | Pike |Crenshaw | Butler  | Monroe | Clarke | Choctaw | Wilcox | Bullock | Russell

hover over location name to preview, or click it for full details

Our Firm

our hi(story)

In 1963, Gene Kubicki founded the firm based on dedication to excellence. The same high standards have been maintained for over five decades -- years which have seen the firm’s ranks swell to over 200 attorneys.

ourattorneys

Our team knows return clients are the life blood of any law firm and this is why we ensure client satisfaction by an exacting attention to service and quality.  Client service coupled with a spectacular work ethic, makes our team hard to beat.

find an attorney

ourDIVERSITY

Kubicki Draper is committed to fostering an environment of equal opportunity for success and believes diversity is not only a moral imperative, but is also sound business practice.

Read More

ourPractices

In response to the growing needs of its clients, the firm began expanding in the early 1980's and today is a diverse full-service law firm providing trial, appellate, coverage, commercial and real estate transaction services.

browse our practice areas

ourresults

Kubicki Draper enjoys a national reputation for expertise in the handling of complex, high stakes litigation matters, as well as, appellate, general commercial and real estate practice.

preview our results

ourreach

With a dozen offices throughout the State of Florida and other key points in the southern parts of Georgia, Alabama, and Mississipi, our firm is familiar to every venue statewide and will never get home-teamed.

find the location near you