CH 6- Proximate cause Flashcards
According to Pawsey vs Scottish union and National what is proximate cause
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
Proximate Cause of an occurrence is always
It is always the dominant cause, there is a direct link between it and the resulting loss
Nature of the Peril can be classified as
- The Insured Peril
- Expected or excluded Peril
- Uninusred or Unnamed Peril
What is an insured Peril
Those named in the policy as covered
What is an Expected or Excluded Peril
Those named in the policy as specifically not covered
What is an Uninsured or Unnamed Peril
Those Perils not mentioned in the policy at all
When is it only necessary to find the proximate cause of a loss
Where the events before the loss are not all insured perils or of different levels of excess apply to different perils in the chain
If loss is caused by an insured Peril and insured peril is the proximate cause then
The Loss is covered
If loss is caused by an expected Peril and expected peril is the proximate cause then
Loss is not covered
If loss is caused by an unnamed Peril and insured peril is the proximate cause then
Loss is covered
Which two things need to be considered when deciding whether a loss is covered or not
- Which Perils are clearly stated as covered by the policy
2. Which Perils are clearly stated as not covered by the policy
What can modify the doctrine of proximate cause
Policy Wording, it is necessary to check the precise wordings of exclusion in deciding how the impact on any claim
