Frymire Home Services, Inc. and Whitefield Capital, LLC v. Ohio Security Insurance Company
Year 2021
Court Texas Supreme Court
Case Number 21-0757
  • Concurrent Causation
  • Texas

In its amicus curiae brief, UP addresses whether the concurrent cause doctrine applies where there is any non-covered damage, including “wear and tear” to an insured property, but such damage does not directly cause the particular loss experienced by a policyholder. UP argues that while incidental wear and tear may be relevant to determining damages, insurance companies should not be allowed to rely on the legal doctrine of concurrent causation to limit coverage whenever there is any wear and tear to insured property.