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.
§ 431.50.Exemption From Liability Because Loss Insured Against Was Remotely Caused Or Would Not Have Occurred But For Peril Excepted
Title 6. Of the Pleadings In Civil Actions · Chapter 3. Objections to Pleadings; Denials and Defenses · Article 2. Denials and Defenses · Enacted 1971 · no amendments on record · Last verified July 28, 2026
In one sentenceSection 431.50 requires a defendant claiming an insurance exemption based on a remote or excepted peril to specify, in the answer, the proximate cause of the loss and exactly how the excepted peril caused or contributed to it.
Full Text of § 431.50
Plain-English Summary
Section 431.50 addresses a specific insurance-coverage defense: a defendant claims the loss is not covered because, although the proximate cause of the loss was a peril the policy insures against, the loss was remotely caused by, or would not have occurred but for, a peril the policy excepts.
The section requires the defendant to spell this defense out in the answer rather than plead it in general terms. The answer must set forth and specify the peril that proximately caused the loss, and explain in what manner the excepted peril contributed to the loss or caused the insured peril itself. If the defendant claims the excepted peril caused the insured peril, the answer must also specify the premises or place where that happened.
Frequently Asked Questions
What must a defendant plead to raise the excepted-peril defense under § 431.50?
The answer must specify the peril that proximately caused the loss and explain how the excepted peril contributed to or caused that insured peril, including the premises or place where it happened if that is the theory raised.
Can this defense be pleaded in general terms?
No. Section 431.50 requires the defendant to set forth and specify the relevant facts in the answer rather than plead the defense generally.
Amendment History
Added by Stats. 1971, Ch. 244.
Source & verification. Section text is reproduced verbatim from
the Deering's California Codes Annotated / vLex. Enacted by the California Legislature.
Last verified July 28, 2026.
· Official source
Also known as: insurance exemption defense peril exceptedexcepted peril defense california