Legal Memorandum: Prerequisites to Enforcing Coverage

Issue: Under New York law, in an all risk policy, is proof of causation a prerequisite to enforcing coverage?

See Kula v. State Farm Fire & Cas. Co., 212 A.D.2d 16, 628 N.Y.S.2d 988, 990 (4th Dep’t 1995); Umanoff v. Nationwide Mutual Fire Ins., 110 Misc. 2d 474, 442 N.Y.S.2d 892, 893 (N.Y. City Civ. Ct. 1981) ("all risks" policy coverage applies to all losses not specifically excluded). There is no causation language in the lead in language of either clause, and neither coverage clause specifies a source or means by which the covered event must take place to qualify under its provisions.  See Kula, 212 A.D.2d 16, 628 N.Y.S.2d at 990-91 (where policy clause has no "lead in causation" language, it applies to all events described in the clause, without regard to causation). 

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