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12 Cards in this Set
- Front
- Back
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What is the definition of proximate cause? |
The active, efficient cause which 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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What is the purpose of the principle of proximate cause? |
To ensure that the intention of the parties to an insurance contract as to which perils should be covered prevails. |
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What must be established between the first and last event leading to a loss, for the first event to be the proximate cause of the loss? |
A direct chain of causation. |
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What are the 3 categories of peril relevant to an insurance claim? |
Insured, excepted, and uninsured perils. |
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In general, what is the position where an excepted peril is at the start of a chain of events? |
The loss is not covered. |
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In general, what is the position where an excepted peril is a new and intervening force leading to a loss? |
The loss following the expected peril is not covered. |
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How do insurers narrow even further the scope of cover under policies for causes of loss that they wish to exclude? |
They exclude things 'indirectly caused' or 'exacerbated by' or 'contributed to by' the particular event. |
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What is the definition of 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. |
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Perils can be classified into what 3 categories? |
1. Insured 2. Excepted/ excluded 3. Uninsured/ unnamed. |
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What dictates how the insurer will respond to the claim? |
The category into which the peril deemed to be the proximate cause of the loss falls. |
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The doctrine of proximate cause can be modified by ____________. |
Policy wordings |
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It is important to check the precise wordings of ____________ in deciding how they impact on any claim. |
Exclusions |
