N.J. State Judge Sends Sandy Coverage Dispute Involving ‘Anti-Concurrent Coverage Clause’ to Jury

TOMS RIVER, N.J. — A jury must decide whether Superstorm Sandy-related business interruption losses are excluded from coverage by an “anti-concurrent causation clause,” a New Jersey state judge has ruled, finding it unclear as to whether coverage is barred if there are multiple causes — some excluded and others insured — that occur in a sequence over a period of time.

Judge Robert A. Fall of the Ocean County (N.J.) Superior Court concluded that the jury must examine the facts to determine the sequence of events and their causal relationship to the civil authority orders barring access to the insured …