Chapter 6: proximate cause

Question 1

what is proximate cause

Answer 1

dominant cause, with a direct link between it and the resulting loss

Question 2

it can be argued that proximate loss only works where causes occur in a ‘straight line’ - Leyland shipping v Norwich union fire insurance society (1918)

Answer 2

‘causation is not a chain but a net’ - look at what caused final damage, not the time order in which events happened

Question 3

nature of perils

Answer 3

only necessary to find proximate cause of a loss where events before the loss are not all insured perils.

Question 4

if excluded peril was proximate cause of loss what happens

Answer 4

insurer not liable to pay for damage

Question 5

if loss due to uninsured/unnamed peril what happens

Answer 5

insurers liable if proximate cause was an insured peril

Question 6

loss caused by insured peril and insured peril is proximate cause

Answer 6

loss is covered

Question 7

loss caused by excepted peril and excepted peril is proximate cause

Answer 7

loss not covered

Question 8

loss partly caused by unnamed peril and insured peril happens by proximate cause

Answer 8

loss covered

Question 9

what two things need to be considered in application to simple claims

Answer 9

which perils are stated as covered by policy
which perils are not covered by policy