Proximate Cause Flashcards
Define
Effective/dominant/real cause
Causal connection must be made between event and loss.
Loss must be caused by an insured peril
To establish cause ask 2 questions
What did insurers agree to cover
Was loss caused by that peril
Rules
But for
Forseeability of underwriter
Legal basis
Common law
Ionides v universal marine insurance co 1863
No longer precedent
Legal basis
Statute
Marine insurance act 1906
Gray v Barr 1971
But for 2 bullets there would be no injury
Foreseeable 2nd bullet would cause injury
Concurrent Case
2 causes, one covered one excluded
Predominant cause test
No dominant, both excluded
Views on causation
Lord green-matter for common sense of ordinary man
Successive case
Last cause in time
Responsibilities divided
Greater impact
“Lawrence v accidental insurance co” 1881
Excepted cause
Peril is consequence of excluded cause
Doesn’t cover unless novus actus interveniens
Leyland shipping co ltd v Norwich 1918
Ship torpoedoed
Brought into port
Taken back to sea and sank
PC act of war
Concurrent case case
Jj lloyd instruments ltd v northern star insurance co ltd
Views on causation case
Attel like ltd V Liverpool and London wor risks insurance co ltd
Midland mainline v eagle star ins co ltd
Train crash
Emergency speed regs
Disruptions and delays
Company daughter for compensation-bus interruption
Denied-gradual deterioration of track excluded
Ionides v universal marine insurance co
Fire extinguished
Looked at only immediate cause
