PLMAhard
In MA homeowners litigation, courts have generally enforced anti-concurrent causation (ACC) clauses on MA HO policies in what manner?
AACC clauses are void as against public policy in MA and cannot bar recovery.
BACC clauses apply only to commercial property policies, never homeowners.
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.
DACC clauses are enforceable only if the insurer first pays the covered portion of the loss and then pursues recovery of the excluded portion through a separate subrogation action against the insured.
Why this is the answer
MA post-storm 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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