In Part One of this article, we discussed that fact that the ACC clause eliminates the need for an analysis of proximate causation or concurrent causation where the excluded peril
Anti-Concurrent Clauses
This two-part article constitutes an overall review of ACC clauses in first-party property policies and their application across the United States. Most courts have found ACC clauses to be enforceable, although a handful of states have held that insurers may not contractually opt out of the state's causation doctrines, i.e. , efficient proximate cause or concurrent causation. We conclude the article herein.
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