Florida's 2d District Court of Appeals Creates Conflict by Using Efficient Proximate Cause Doctrine
Insurance Coverage Alert
Insights for Insurers Alert | 1 min read
Sep 23, 2013
By: Kristina L. Marsh
The Florida Second District Court of Appeals recently held that in a first-party property case where the damage was caused by more than one peril, an efficient proximate cause theory should be applied to determine whether the damage is covered. American Home Assurance Co., Inc. v. Sebo, No. 2D11–4063 (Fla. 2nd DCA Sept. 18, 2013). This opinion stands in direct conflict with the Florida Third District Court of Appeals ruling in Wallach v. Rosenberg, 527 So. 2d. 1386 (Fla. 3rd DCA 1988), which applied a concurrent cause theory.
In Sebo, the damage to the property resulted from both defective construction — a peril excluded from coverage — and Hurricane Wilma, which qualified as a covered peril. Had the court applied the concurrent cause doctrine, the damage would have been covered. Under that doctrine, there is coverage whenever two or more causes appreciably contribute to the damage to the property, and at least one of the causes is a risk which is covered under the terms of the policy. Under the efficient proximate cause doctrine, however, the fact finder determines which peril is the most substantial or responsible cause of the damage. If the policy insures against that peril, there is coverage. If the policy excludes that peril, there is no coverage.
Because of the direct conflict between the two district courts of appeal, this will surely be appealed to the Florida Supreme Court. Attorneys and parties need to be aware of the substantive conflict in the districts until the Florida Supreme Court can resolve it.
This alert has been prepared by Hinshaw & Culbertson LLP to provide information on recent legal developments of interest to our readers. It is not intended to provide legal advice for a specific situation or to create an attorney-client relationship.
Related Capabilities
Featured Insights

Healthcare Alert
Aug 3, 2026
Fixing the Emergency Refill Trap: What California’s AB 1587 Means for Pharmacies

Consumer Crossroads: Where Financial Services and Litigation Intersect
Jul 30, 2026
Should Text Messages be Considered “Calls” Under the TCPA? The Seventh Circuit Says No

Healthcare Alert
Jul 30, 2026
California Courts Sharply Curtail the MICRA Damages Cap in Nursing Home Litigation

Insights for Insurers Alert
Jul 30, 2026
Analyzing a Couple of Cases Involving Exclusions in D&O Policies

In The News
Jul 29, 2026
Hinshaw Authors Contribute Two Articles in Latest Edition of the CCFL Quarterly Report

Webinar
Jul 28, 2026
Cathy Mulrow-Peattie and Sabrina Janeiro Present on Legal AI Technology

In The News
Jul 27, 2026
Scott Seaman Discusses How the Insurance Industry Contributed to the 2026 FIFA World Cup

Privacy, Cyber & AI Decoded Alert
Jul 27, 2026
Compliance Guidance for the New Vermont Data Privacy and Online Surveillance Act (VDPOSA)

Healthcare Alert
Jul 24, 2026
Q&A: Right to Electronic Monitoring Extended to Illinois Assisted and Shared Living Facilities

Press Release
Jul 23, 2026
Insurance Partner Christophe Burusco Joins Hinshaw in Los Angeles

In The News
Jul 16, 2026
Jennifer Driscoll Anticipates Epic Battle Between “Titans of the Antitrust Bar”

