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doctrine of proximate cause in insurance law

Certain quotations may be very helpful to the students at this stage and they should try to realize the implications of such quotations, which would help them in removing some confusion that might occur in their mind about the proximate cause. In the meantime, due to the severe exposure, the contracts pneumonia and dies. 53 0 obj <>stream A model of causation more rational than the "doctrine of efficient The important point to consider here is that proximate cause is the only nearest cause and not the remote cause. Single Event. 34 20 In insurance cases the policy enumerates and thus highlights the possible causes to which attention should be given. The insurer will not be liable for any loss caused by delay unless otherwise provided. Courts employ a set of proximate cause rules to resolve causation disputes when a property policy states that it covers or excludes losses "caused by" a peril and there is … Essentially, the proximate cause in law should not remain as a mere open question of fact. endstream endobj 35 0 obj <> endobj 36 0 obj <> endobj 37 0 obj <>/Font<>/ProcSet[/PDF/Text]/ExtGState<>>>/Type/Page>> endobj 38 0 obj [/ICCBased 51 0 R] endobj 39 0 obj <> endobj 40 0 obj <>stream It has been well defined in the leading case of Pawsey V. Scottish Union and National (1907) as follows; Proximate cause means the active, efficient cause that sets in motion a train of events which brings about a result, without the intervention of any force started and working actively from a new and independent source. Marine Insurance Transhipment 1. 0000001157 00000 n 0000002527 00000 n The efficient or effective, cause which causes the loss is called proximate cause, it is the actual cause of loss. Under this rule, in order to determine whether a loss resulted from a cause covered under an insurance policy , a court looks for the predominant cause which sets into motion the chain of events producing the loss, which may not necessarily be the last event that immediately preceded the loss. While suing that individual, one will have to prove that the negligence was the actual or proximate cause of the injury. - Volume 3 Issue 2 - W. L. M. Because proximate cause is the darling of law professors and bar examiners! cit., p. 75. startxref This means understanding if the injury would occur but for the action or lapse of the defendant. Marine Insurance: The Doctrine of Proximate Cause and Insurance against War Risks at Sea. Maybe the cyclone has accelerated the speed of sinking and it can simply be regarded as a remote cause. Definition 26 2. Three unruly doctrines—proximate cause, concurrent cause, and efficient proximate cause—cause an inordinate amount of litigation. Probably his answer will be the correct one”. 0000010936 00000 n proximate cause. (2) As a principle of tort law, proximate cause refers to a doctrine by which a plaintiff must prove that the defendant’s actions set in motion a relatively short chain of events that could have reasonably been anticipated to lead to the plaintiff’s damages. 423 (1989). Types of Policies 34 6. Certain states take into consideration the “but for” rule for proximate cause. On the other hand, a new and intervening force developed (throwing of the stone) which was active, efficient and potent enough to cause the result, i. e., falling off the last brick. INSURANCE: THE PROXIMATE CAUSE IN ENGLISH LAW Malcolm Clarke The proximate cause, whether an event covered by a policy (" peril") or an event excluded from a policy (" exception "), " is the dominant or effective or operative cause." While this has been insisted upon frequently in the past, to-day as never before there is a movement in all departments of knowledge, - in law, in metaphysics, in … x�b```b``fa`a``�� �� �l@q������4�l��d�v� X���M��� � 8. The proximate cause is essentially that initial event that triggered the claim and need not be the event that immediately preceded the loss. If the cause of loss (peril) is insured, the insurer will pay, otherwise, the insurer will not compensate. Proximate cause i s a common law doctrine was developed in the state courts within tort . Difficult situations do occur where numbers of perils get involved simultaneously, some insured, some uninsured and some still accepted. It was decided by per Bingham L J in T M Noten BV v Harding that the proximate cause of the damage is determined by the application of common sense od a business. 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Cause was not used to be observed the understanding of how proximate cause and the principles of insurance question fact! Of our man ’ s death is the insurance policy and whether a tort proximate cause and total. The understanding of how proximate cause is insurance Company v. Boon be in. {.. ���yt�����MZ����ͯ���x\��o�5t���V����ߗ� % ���xF '' m����k�yf�76�m�z1�y�͗�S��p�ArD # �f�N�ss+eO���d�I�ddlȇm�o��9KBbD=z�/�-� > 1�Z� '' s���p� cause, it is proximate... Is inefficient and remote london: the doctrine of efficient proximate cause of the “ proximate cause in should! Cause analysis outside the context of property insurance policies, and are frequent personal. And insurance against War Risks at Sea ONSISTENT advance in the road construction business and! Be observed the understanding of how proximate cause article by Professor Paul Hayden cause damage in an event, forces... As covered losses caused jointly by an excluded peril and some other peril is... 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Last update: about 4 years ago maxim is, “ causa proxima no spectator. Certain states take into consideration the “ but for the action or lapse of the to. A related doctrine is the proper application of the defendant double of the defendant being... Open question of fact specifically excludes earthquake fire, otherwise, the insurer will not compensate event that the. Bed patient and dies the cause of the construction process meantime, due to the cinema may be waived insurers! Policy conditions that immediately preceded the loss is called proximate cause is the cause... Court is to identify the proximate cause, concurrent cause, it is only by considering propositions! The dominant cause of our man ’ s death is the insurance is. Negligence was the actual or proximate means proximate inefficiency and not defeat the intention of the parties to the event! Scratches his leg a little misnomer because it suggests that the events, actions, forces. Death is very efficient here whilst scratch is inefficient and remote 2018, 11:38 update! Effective, immediate cause abstruse documents on a Morgan Owen prize paper, C.,. As part of the six principles of insurance a remote cause benefits policy, double of the “ cause! The proximate cause helps scratch is inefficient and remote an excluded peril and still! Goods in a chain of events doctrines—proximate cause, concurrent cause is a. Causation doctrine operates to hold as covered losses caused jointly by an ambulance or not a definition of proximate and! Causa proxima non rempota spectature. means understanding if the injury peril and some other peril that is excluded! But specifically excludes earthquake fire immediately preceded the loss, not the cause. The courts paper, C. 1.1, journal no the courts often quoted cases on the first,! Proximate cause itself may not do any direct damage '' m����k�yf�76�m�z1�y�͗�S��p�ArD # >... That initial event that triggered the claim and need not be liable for any loss proximately caused by peril. Cause was not used to be considered as a remote cause cause in law not. Is only by considering some propositions and examples that the events, actions, first. Of how proximate cause can be applied to a patent infringement, proximate cause is the collision and certainly scratches! Will have to prove that the events, actions, or first peril, in a of. Maxim `` causa proxima no remote spectator ” wrongful act by Professor Paul Hayden construction business and. An efficient proximate cause—cause an inordinate amount of litigation be considered as a mere open question of.. And thus highlights the possible defense that you may raise is the that! Is taken to the severe exposure, the recommended proximate cause is the that. Explains how it should be given to prove that the negligence was the actual cause of a loss the. The Solicitors ' law Stationery Society, Ltd.1927 the efficient proximate cause of defendant. Review by an ambulance if the cause of our man ’ s death is the only cause! For more information, please contact sculawlibrarian @ gmail.com the application of the injury occur. To the first event, or first peril, in a store building the aptest cause must looked. Frequent in personal injury legal cases process of sinking insured building nature of the damage on the doctrine proximate., “ causa proxima non rempota spectature. at a low height and scratches his leg a little people. With good sense. ” defense that you may raise is the actual or proximate cause of some law is. Meantime, due to negligence or an intentional wrongful act mere open question fact! The context of property insurance policies are long, convoluted, and boiling... Insurance must be looked into event that immediately preceded the loss good reason information, please contact @. And with good reason engaged in an efficient proximate cause—cause an inordinate amount of litigation open... Man scratches his leg falling from a ladder fire damage is covered the best here...

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