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February 04, 2025

"Fortuitous" and the "Known Risk Doctrine."

All risks insurance policies are a proving ground for judge-made concepts like these. 

An alternative has been found in Wisconsin law:  "The proper focus is not whether the damage existed at the time the policy took effect, but rather whether the parties 'knew about or contemplated the damage's cause before the policy's issuance.'"  Hansen Storage Co. v. Employers Mut. Cas. Co., 734 F. Supp. 3d 850, 858 (E.D. Wis. 2024) (quoting Wisconsin State case law).

These and other concepts are explored in 1 CATASTROPHE CLAIMS / Insurance Coverage for Natural and Man-Made Disasters § 7:4 (Thomson Reuters Nov. 2024 Ed., 2025 Edition forthcoming).

Please read the disclaimer.  ©2025 Dennis J. Wall.  All rights reserved.  Interested in many things including Claims and Bad Faith Law?  Sign up for a free subscription to my Substack newsletter. 

Posted by on February 04, 2025 at 11:38 AM in All Risks Coverage, Fortuitous |

Tags: #AllRisks, #Fortuitous, #KnownRisk

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