Chapter 6 - Proximate Cause Flashcards
6 - Proximate Cause
- When considering whether to meet a claim, the insurer asks what two questions?
Is the insurance contract is force?
Was the loss caused by an insured peril?
6 - Proximate Cause
A Meaning of Proximate Cause
- What is the name of the doctrine insurers apply when the cause of a loss is not obvious?
Proximate Cause.
6 - Proximate Cause
A Meaning of Proximate Cause
- What do insurers first look at to establish the proximate cause of the loss?
The relationship between the peril and the loss.
6 - Proximate Cause
A Meaning of Proximate Cause
- What do insurers do once they establish the peril that caused the loss?
Decide whether the cause is insured before paying the claim.
6 - Proximate Cause
A Meaning of Proximate Cause
- What is a 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.
A Meaning of Proximate Cause
A2 Nature of Perils
- How are perils classified?
Insured Perils - name in the policy
Excluded Perils - named in the policy as specifically not covered
Uninsured Perils - not mentioned in the policy at all
A Meaning of Proximate Cause
A2 Nature of Perils
- When is it necessary to find the proximate cause?
Only where the events before the loss are not all insured perils.
A Meaning of Proximate Cause
A3 Application to Simple Claims
- What should be applied to simple claims when establishing proximate cause.
Common sense.
C - Modification by Policy Wording
- Are war risks covered if they are remote or incidental?
Yes.
C - Modification by Policy Wording
- Are Nuclear risk covered?
No, even if remote or incidental