Concurrent Causation and Segregating Damages in Texas

Texas claims · Two causes, one form

Concurrent causation means a covered peril and an excluded peril both played a part. The policy’s wording decides whether you are paid for the covered part or for none of it. This page is not a court opinion, and it will not name a case.

Wind that tears the roof, then rain through that opening, is the wind claim. The rain is not a second, excluded cause. Water that comes in over the ground is flood, and flood is not a homeowners peril even when the same storm also produced wind. If the adjuster can separate the wind damage from the flood damage, the wind portion is the homeowners claim and the flood portion is the flood policy, if you have one. If the form says a loss is excluded when an excluded cause contributes, concurrently or in any sequence, the excluded cause can take the whole loss with it. That sentence is common. It is not in every form, and it is not a statute this page is quoting. Read the exclusions. Segregating damages means putting a dollar figure on the covered part and leaving the excluded part off the estimate. It is not a right to collect twice.

Wear next to a storm is the same kind of fight. A sudden opening from hail can be covered. A leak that was already there from age is commonly maintenance. The estimate should separate them. A supplement is hidden damage from the same occurrence, not a second cause. Appraisal, when the form allows it, argues the amount of a covered loss. It does not decide whether the cause is covered. Mold that follows a covered water loss is part of that repair, not its own peril. This is not legal advice. A complaint to the Texas Department of Insurance asks whether the company followed the rules. It does not rewrite the exclusion.

The contract: Texas homeowners, the dwelling, and the product. The excluded water: flood. A storm file, without a promised new roof: one occurrence, one deductible. A short check is often the split, not a denial: when the payment feels short.

Ask which cause the estimate left out, and whether the exclusion applies to the whole loss or only to the excluded part. Ask an agent or start a home quote.