PLNJhard
After Superstorm Sandy, NJ courts have generally enforced anti-concurrent causation (ACC) clauses on NJ HO policies in what manner?
AACC clauses are void as against public policy in NJ and cannot bar recovery.
ACC clauses bar coverage where an excluded peril (e.g., flood) and a covered peril (e.g., wind) combine to cause the same loss, when clearly drafted.
CACC clauses apply only to commercial property policies, never homeowners.
DACC clauses are enforceable only if the insurer pays the entire claim and then seeks reimbursement from the insured, rather than excluding the loss at the outset under a clearly drafted clause.
Why this is the answer
Post-Sandy NJ litigation has generally upheld anti-concurrent causation clauses where they unambiguously state that any loss caused by an excluded peril is excluded even if a covered peril also contributes to the loss. Drafting clarity is the central battleground.
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