CLAIMS GLOSSARY · FLORIDA & NEW JERSEY

Anti-Concurrent Causation Clause

Also called: ACC clause, concurrent causation, regardless of any other cause, efficient proximate cause

By Nelson Avila, Licensed Florida Public Adjuster (License G332385) · Florida Certified Contractor
Homeland Public Adjusters · Last reviewed: October 2026

Definition

An anti-concurrent causation (ACC) clause is the sentence at the top of a policy’s exclusions that says the excluded loss is excluded “regardless of any other cause or event contributing concurrently or in any sequence to the loss.” Its purpose is to defeat the default rule in many states, called efficient proximate cause, under which a loss is covered if the dominant cause is covered. With an ACC clause, if flood contributed at all to the damage, the carrier argues none of it is covered, even the part the wind did.

Where it shows up

Nearly every homeowners and commercial property form carries ACC language ahead of the flood, earth movement, water (including sewer backup and groundwater), power failure, neglect, war, nuclear, intentional loss and government action exclusions. After every Gulf and Atlantic hurricane it is the clause behind the wind-versus-water denial: the carrier says surge reached the house, so the ACC clause excludes the loss, and the flood policy, if there is one, says the roof was gone before the water arrived.

Florida

Florida courts enforce ACC clauses as written when the language is clear, which is why the policyholder’s job after a storm is to separate the damage, not to argue the clause away. Wind damage above the water line, roof and opening damage, wind-driven rain inside the walls, and damage that the physical evidence puts before the surge are not “caused by” flood under any reading. Document the water line, the direction of debris, the roof condition and the timeline (NOAA surge gauges, neighbors’ photos, the first-responder report), and present the wind claim and the NFIP flood claim built to the same facts. See policy exclusions and date of loss.

New Jersey

New Jersey courts have also enforced ACC language in Sandy litigation where the clause was unambiguous, while reading ambiguous exclusions in the policyholder’s favor. The Department of Banking and Insurance’s claims regulation, N.J.A.C. 11:2-17.7, still requires a written explanation of a denial, so a denial letter that cites the ACC clause without identifying which damage the carrier attributes to the excluded cause is deficient on its face.

How carriers use it against you

Denying the whole claim because surge entered the first floor, when the roof and second floor were wind.
Calling wind-driven rain “surface water” or “flood” because it pooled.
Applying the clause to the ensuing-loss exception, which it is not written to reach on most forms.
Pointing the flood adjuster and the wind adjuster at each other until the policyholder gives up.

Frequently asked questions

Does the anti-concurrent causation clause mean flood and wind damage is never covered?

No. It means damage that flood caused or contributed to is excluded on the homeowners policy. Damage the wind caused on its own (roof, openings, upper floors, wind-driven rain) is covered, and the flood damage is claimed on the flood policy. The work is proving which is which.

Is the ACC clause enforceable in Florida and New Jersey?

Generally yes when it is clearly written. Courts in both states have enforced it, so the strategy is evidence that separates the causes, not an argument that the clause is void.

What is efficient proximate cause?

The rule that a loss is covered when the dominant or triggering cause is covered, even if an excluded cause followed. ACC clauses are written to override that rule; whether they succeed depends on the state and the wording.

Related terms

Policy Exclusions

A policy exclusion is a provision that takes a cause of loss, a type of property, or a situation out of coverage that the insuring agreement would otherwise provide.

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Date of Loss

The date of loss (DOL) is the date the damage occurred, which is the date the covered event happened, not the date you discovered it or reported it.

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Proof of Loss

A proof of loss is a sworn, signed statement from the policyholder setting out the date and cause of the loss, the property involved, the interest of the insured and others, other insurance, and the…

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Hurricane Deductible

A hurricane deductible is a separate, usually percentage-based deductible that replaces your regular deductible when a loss is caused by a named hurricane.

Read the definition ›

If this is your loss, call Homeland before you talk to the insurance company: Florida (305) 783-3777, New Jersey (732) 517-3777, 24 hours. A licensed public adjuster reviews the claim for free and calls you back right away. No Recovery, No Fee.

Sources

N.J.A.C. 11:2-17.7

This article is for general information only and is not legal or insurance advice. Statutes, regulations and policy wording change, and how they apply depends on your own policy and the facts of your claim. Homeland Public Adjusters is a public adjusting firm, not a law firm.

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