California Codes, Code of Civil Procedure - CCP, Part 2 — Of Civil Actions, Title 6 — Of the Pleadings in Civil Actions, Chapter 3 — Objections to Pleadings; Denials and Defenses, Article 2 — Denials and Defenses, Section 431.50

In an action to recover upon a contract of insurance wherein the defendant claims exemption from liability upon the ground that, although the proximate cause of the loss was a peril insured against, the loss was remotely caused by or would not have occurred but for a peril excepted in the contract of insurance, the defendant shall in his answer set forth and specify the peril which was the proximate cause of the loss, in what manner the peril excepted contributed to the loss or itself caused the peril insured against, and if he claims that the peril excepted caused the peril insured against, he shall in his answer set forth and specify upon what premises or at what place the peril excepted caused the peril insured against.

Notes

Requires an insurer defendant claiming that an excluded peril remotely caused, contributed to, or caused the covered peril behind a loss to specify in the answer the covered peril, how the excluded peril contributed or caused it, and, when asserting causation of the covered peril, the premises or place where that occurred.

Use as reference

Lexinter.net | California Code, Code of Civil Procedure - CCP § 431.50 | https://laws.lexinter.net/codes/california/code-of-civil-procedure/part-2/title-6/chapter-3/article-2/section-431-50

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