CONSTRUCTION DEFECT JOURNAL

"News and Information for Construction Defect and Claims Professionals"

CONSTRUCTION DEFECT JOURNAL - ISSUE 242749 - TUESDAY, SEPTEMBER 16, 2025

Anti-Concurrent Causation Clause Defeats Coverage

Two people meeting over contract
September 15, 2025
Tred R. Eyerly - Insurance Law Hawaii

The insured's claim for damage to the property's electrical equipment and power loss after a wind and rain storm was not covered due to the policy's anti-concurrent causation clause. Allah-Pak Properties, LLC v. Century Surety Co., No. 2:23-CV-00301, Order (S.D. Texas Aug. 8, 2025).

During a storm, water seeped into the insured's property's utility room, causing damage to electrical equipment and power loss. The insured notified its insurer, Century Surety Company. An engineer hired by Century inspected and found that water intruded the electrical equipment in the electrical room through roof mounted conduit fittings and associated roof penetrations. Further, the root cause for the water intrusion was improper maintenance practices. The inspector also determined that the roof damage resulted from a severe windstorm followed by a heavy rainstorm that caused water to enter through the roof and damage the electrical panels. The likely cause of the breaks in the seal was the wind causing the wires to swing, imposing lateral pressure onto the conduit pipes which broke the seal.

Mr. Eyerly may be contacted at te@hawaiilawyer.com


Use the form below to search the CDJ Archives: Search by topic, name, keywords, etc...

CDJ ARCHIVES-NEWS YOU MIGHT HAVE MISSED