Chapter 6 - Proximate Cause Flashcards

1
Q

6 - Proximate Cause

  1. When considering whether to meet a claim, the insurer asks what two questions?
A

Is the insurance contract is force?
Was the loss caused by an insured peril?

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2
Q

6 - Proximate Cause

A Meaning of Proximate Cause

  1. What is the name of the doctrine insurers apply when the cause of a loss is not obvious?
A

Proximate Cause.

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3
Q

6 - Proximate Cause

A Meaning of Proximate Cause

  1. What do insurers first look at to establish the proximate cause of the loss?
A

The relationship between the peril and the loss.

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4
Q

6 - Proximate Cause

A Meaning of Proximate Cause

  1. What do insurers do once they establish the peril that caused the loss?
A

Decide whether the cause is insured before paying the claim.

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5
Q

6 - Proximate Cause

A Meaning of Proximate Cause

  1. What is a Proximate Cause?
A

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.

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6
Q

A Meaning of Proximate Cause

A2 Nature of Perils

  1. How are perils classified?
A

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

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7
Q

A Meaning of Proximate Cause

A2 Nature of Perils

  1. When is it necessary to find the proximate cause?
A

Only where the events before the loss are not all insured perils.

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8
Q

A Meaning of Proximate Cause

A3 Application to Simple Claims

  1. What should be applied to simple claims when establishing proximate cause.
A

Common sense.

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9
Q

C - Modification by Policy Wording

  1. Are war risks covered if they are remote or incidental?
A

Yes.

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10
Q

C - Modification by Policy Wording

  1. Are Nuclear risk covered?
A

No, even if remote or incidental

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