Loss and Notice of Loss Flashcards
With regards to proximate or remote cause of a loss, what is the liability of the insurer?
Unless otherwise provided by the policy, an insurer is liable for a loss of which a peril insured against was the proximate cause, although a peril not contemplated by the contract may have been a remote cause of the loss.
But he is not liable for a loss of which the peril insured against was only a remote cause.
With regards to rescuing the thing insured, what is the rule on the liability of the insurer?
An insurer is liable where the thing insured is rescued from a peril insured against that would otherwise have cause the loss, if, in the course of such rescue, the thing is exposed to a peril not insured against, which permanently deprives the insured of its possession, in whole or in part, or where a loss is caused by efforts to rescue the thing insured from a peril insured against.
What is the rule regarding the exception of a peril?
Where a peril is especially excepted in a contract of insurance, a loss, which would not have occurred but for such peril, is thereby excepted although the immediate cause of the loss was a peril which was not excepted.
What is the rule regarding a loss through the willful act of the insured?
An insure is not liable for a loss caused by the willful act or through the connivance of the insured; but he is not exonerated by the negligence of the insured, or of the insurance agents or others.
What is the general rule for notice of loss?
In case of loss upon an insurance against fire, an insurer is exonerated, if written notice thereof be not given to him by an insured, or some person entitled to the benefit of the insured, without unnecessary delay. For other non-life insurance, the Commissioner may specify the period for the submission of the notice of loss.
What is the rule on waiver of presentation of notice or proof of loss on the part of the insurer?
Delay in the presentation to an insurer of notice or proof of loss is waived if caused by any act of him, or if he omits to take objection promptly and specifically upon that ground.
