Chapter 6 - Proximate Cause

Question 1

Meaning of proximate cause

Answer 1

Proximate cause is always the dominant cause.
The active, efficient cause that sets in motion a chain of events which brings about a result, without the intervention of any force started and working actively from a new and independent source (Pawsey v. Scottish Union and National (1907)).
Lord Shaw stated causation is not a chain but a net and described proximate cause as proximate in efficiency. This is important in complex claims where there is more than one contributing source. (Leyland Shipping v. Norwich Union Fire Insurance Society (1918)).

Question 2

Nature of perils

Answer 2

It is only necessary to find the proximate cause when the events before the loss are not all insured perils. Unless different levels of excess apply to different perils in the chain.