Description:
Learn the unique approaches on how to understand the applications of causation for either property or casualty claims.
This material provides a simple framework for practitioners representing insurance carriers, agents or policyholders to analyze common loss causation issues affecting property and casualty insurance losses.
Practitioners will learn to avoid and navigate the common pitfalls and issues associated with losses involving multiple and concurrent causes, as well as the application of Anti-Concurrent Causation (ACC) and ensuing loss policy provisions. Differences in jurisdictional approaches will also be highlighted
Areas Covered in the Session:
Approaching Causation Analyses for Property and Casualty Claims
- Unique Application of "Causation" to the Area of Property Insurance
- Framework for Approaching Property Insurance Coverage Questions
- Challenge Posed by "Multiple Causes"
Efficient Proximate Cause and Predominant Cause
- Background and Challenges Posed to the Causal Analysis
- Varying Approaches by Jurisdiction
- Distinguishing Efficient Proximate From Concurrent Cause
Anti-Concurrent Causation (ACC) Clauses
- Advent of ACC Policy Language in the 1980s
- Review of Sample Policy Language
- Varying Approaches by Jurisdiction
Ensuing Loss Clauses
- Comparison of Sample Policy Language
- Suggested Framework for Separate Casual Analysis
- Common Analytical Mistakes
Sample Causation Analyses for Different Perils
- Hypothetical 1
- Hypothetical 2
- Hypothetical 3
- Hypothetical 4
Credit Information (Sponsored by Lorman Education Services):
- CLE
- NALA
Only registered attendee will receive continuing education credit.
Instructor Profile:
Daniel (Dan) L. Petrilli, Esq., Timoney Knox, LLP
- Partner in the Insurance Industry Group at Timoney Knox, LLP located in Fort Washington, PA
- Focuses practice on the insurance industry, along with complex commercial litigation
- Regularly represents insurance carriers with respect to the defense of extra-contractual cases and first party coverage disputes and litigation
- Handles matters involving property and fine art insurance, business income and fidelity losses, subrogation recovery, fraud and general liability defense
- Frequent speaker on legal updates targeting first-party coverage issues, risk management, fraud and underwriting issues facing insurance carriers
- Serves a a Philadelphia County Court of Common Pleas Judge Pro Tempore
- Participates in the firm’s pro-bono representation of the Delaware Valley Chapter of the International Association of Special Investigations Units and the Pennsylvania Auto Crime Investigators Association, Inc.
- Undergraduate degree, Johns, Hopkins University; J.D. degree, Villanova University School of Law
- Can be contacted at dpetrilli@timoneyknox.com
(Not available outside the US)