Did you miss the Insurance Law Section HOT TOPIC webinar “The State of the Texas Concurrent Causation Doctrine” on April 11, 2023?
Order the Recording | Download the program flyer
Earn up to 1.0 hour MCLE credit!
About the Webinar: Last year two different panels of the 5th Circuit certified questions concerning the Texas Concurrent Causation doctrine, which requires policyholders to prove how much damage is attributed to a covered cause when both a covered and uncovered cause combine to cause property damage. Both times the Texas Supreme Court agreed to answer certified questions designed to clarify when and how the doctrine applies. Both times the parties settled prior to any ruling.
Policyholders relish the opportunity to whittle away at a common law rule that they suggest makes Texas as the lone holdout and contrary to a statute. In fact, in his amicus brief, Brendan McBride told the Supreme Court that the answers turned on “the mystery of a missing statute.” In doing so, the amicus brief urged the Court to overrule prior precedent and cease placing the burden of proof on policyholders.
It is unclear whether the Supreme Court is inclined to continue, clarify or overturn the concurrent causation doctrine. The 5th Circuit definitely has questions, particularly in cases where the insurer asserts that preexisting damage requires the insured to attribute damage to a covered loss or risk losing all coverage. As the 5th Circuit noted in Frymire and repeated in Overstreet, “an ugly roof can function until it is hit by a hailstorm. Would the hail damage that rendered it nonfunctional be covered in full?”
Since the Supreme Court never answered the question, we decided to get Brendan McBride, author of the amicus brief in Overstreet and Bruce Wilkin, an accomplished coverage attorney with experience representing insurers, to discuss the current state of the doctrine. Join us for what should be an enlightening discussion.
Brendan K. McBride | Gravely PC | San Antonio
Bruce R. Wilkin | Shackelford, Bowen, McKinley & Norton, LLP | Houston
Moderator: Steven Schulwolf | Schulwolf Mediation, PLLC | Austin
Click here to register for the live event online via the Texas Institute of CLE website. Missed the live event? You may also order the recording here.
*Not a current Insurance Law Section Member? Join the Section with your registration today (for $30) and you are immediately eligible for the discounted member rate.