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Anti-Concurrent-Causation (ACC) Clause

An anti-concurrent-causation clause directs the insurer to deny an entire loss when a covered peril and an excluded peril combine to cause the damage, no matter the order in which they occurred.

What an anti-concurrent-causation clause does

An anti-concurrent-causation (ACC) clause is policy language that removes coverage when a loss results from a combination of causes, one covered and one excluded, whether they act at the same time or one after the other. Typical wording says the insurer will not pay for loss caused directly or indirectly by an excluded peril, regardless of any other cause or event contributing concurrently or in any sequence. The practical effect is to sweep the whole loss into the exclusion, including the part a covered peril caused.

Why it matters in Florida hurricanes

Hurricanes deliver both wind, which is usually covered, and storm surge or flooding, which is usually excluded. Carriers rely on ACC language to argue that because flood contributed to the loss, the entire claim, including the wind damage, falls under the exclusion. This is one of the most heavily contested issues in Florida coastal claims, where a single event produces overlapping wind and water damage.

Florida's concurrent cause approach

Florida courts have addressed how ACC clauses interact with the concurrent cause doctrine, which can allow recovery when an independent covered peril contributes to a loss. Whether an ACC clause is enforced depends on the exact policy wording read against the specific facts, so an ACC denial is not automatically the final word. The covered portion of a mixed loss may still be recoverable, which is why the true cause of loss should be documented in detail.

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