UP took the position that the scope of landslide exclusion should not encompass damage from a tree that crashed into a home. In other words, for cases involving multiple perils (perhaps one covered and one not) insurers should not be allowed to “unwind” the “predominant cause” by arguing proximate cause/concurrent causation.
Julian vs. Hartford Underwriters Insurance Company
Year
2005
Court
California Supreme Court
Case Number
S109735
Issue
- Efficient Proximate Cause/Predominant Cause
- Proximate Cause/Concurrent Causation
State
- California