Our mission is to liberate knowledge. H��V�j1��Wx]ǖ�Ǭ�誅�E? 0000004739 00000 n Proximate Cause is an important principle of insurance, which helps in deciding how the loss or damage happen and whether it is the result of an insured peril or not. If the proximate cause of the loss is a peril insured against, the Insured can recover. Consequently low level land areas will be submerged in water. 0000001479 00000 n Copyright. remote cause, or cause of causes which produced the result, and was not the direct, efficient, or adequate cause, which alone is actionable." In s causal sequence there are several events connected like a chain. For an act to be deemed to cause a harm, both tests must be met; proximate cause is a legal limitation on cause-in-fact. The proximate cause is not necessarily the first cause, nor the last cause; it is the dominant, efficient or operative cause. Read on to discover the definition & meaning of the term Remote Cause - to help you better understand the language used in insurance policies. The important point to consider here is that proximate cause is the only nearest cause and not the remote cause. Origin . 0000000016 00000 n Insurance Glossary Defines: Proximate Cause — (1) ... Not every remote cause of an injury will result in a right to recover damage. The insurance policy may cover the proximate cause, but not the event that actually causes the damage, so the policy holder will not be reimbursed for his claim. x�b```b``fa`a``�� �� �l@q������4�l��d�v� X���M��� � Short Notes on Qualitative and Quantitative Marks of Causation, Controlling in Management # Meaning, Definition, Types, Process, Steps and Techniques. 0000000696 00000 n trailer The insurer repudiated the liability on the ground that even though the warehouse was damaged by fire, the proximate cause of the damage was a warlike operation (i.e., enemy action) and the fire was simply a remote cause. 0000001444 00000 n 0000001157 00000 n Under the policy, goods have been insured against damage likely to be caused by sea water. Hence, these two analyses of the causes - sometimes as prior and posterior, sometimes as remote and proximate causes - mean the same thing. As adjectives the difference between proximate and remote is that proximate is close or closest; adjacent while remote is at a distance; disconnected. Proximate cause is the initial event that gives rise or a loss or the first in a series of events giving rise to a loss. Certain states take into consideration the “but for” rule for proximate cause. Thankful that no children or teachers were in the school when this happened, Chelsea reports the incident to her insurance broker, Nick, with one overriding question – this disaster is covered by my policy, right? In other words, proximate cause is the one event that causes the damage, loss or injury. The actions of the person (or entity) who owes you a duty must be sufficiently related to your injuries such that the law considers the person to have caused your injuries in a legal sense. Suppose in a causal series a causes B, B causes C. C causes D. Here D is the direct effect of C, but it is the result of all the preceding events such as A.B and C. In this example C is the proximate cause of D whereas A and B are the remote causes of D. If there is deforestation, it creates ecological imbalance. the view of Lord Blackburn that in such cases, once there is a clear view of the facts, it is best to keep away from such philosophical mazes: Inman SS. Read on to discover the definition & meaning of the term Remote Cause - to help you better understand the language used in insurance policies. What is NNRMS and what are its objective? One of the leading and often quoted cases on the doctrine of proximate cause is Insurance Company v. Boon. Proximate cause is not confined to insurance law but is important to most branches of law and. If the cause is an insured one, the claim is payable, if the cause is uninsured or excepted the claim is not payable. This is a concept in the law of torts and involves the question of whether a defendant's conduct is so significant as to make him or her liable for a resulting injury. This may not be a “principle” of marine insurance but section 55 (1) of the U.K. Marine Insurance Act 1906 elevates it to a condition which must be fulfilled before the underwriter becomes liable to pay a claim. One of the leading and often quoted cases on the doctrine of proximate cause is Insurance Company v. Boon. A man scratches his leg falling from a ladder. also Parks, “Marine Insurance: Proximate Cause,” 10 J.M.L.C. Not every remote cause of an injury will result in a right to recover damage. In this case scratches may be a remote cause. Privacy Policy Proximate cause, on the other hand, is a policy determination used to limit a defendant's liability. Read on to discover the definition & meaning of the term Proximate Cause - to help you better understand the language used in insurance policies. In Lasermax Engineering Pty Limited v QBE Insurance (Australia) Limited (Judgment 16 March 2005) a fire broke out in a power pole located 55 metres from the Insured premises. Failure by the insurer as to its tasks means that the insurer has not carried its burden, and therefore the insured is entitled to coverage under the policy. 0000007678 00000 n In practice it is very important to study the policy wording to assess its impact on the concept of proximate cause. Write the main features of the Remote Sensing Data Policy, 2011? Proximate cause has been defined in a well known case of Pawsey Vs Scottish Union and National Insurance Company. 6 Cf. In other words the rule of causa proxima means that the cause of the loss must be proximate or immediate and not remote. That being the case, we do not consider proximate cause unless we have established actual cause. Proximate cause is a key principle of Insurance and is concerned with how the loss or damage actually occurred. Example 2: Driver of “Car A” runs a red light, and “Car B” which has a green light, swerves to avoid being hit. Proximate is an antonym of remote. The definition of the “cause” was under test in many cases and was mentioned clearly in the Marine Insurance Act 1906 in its section 55 that the cause should be proximate, as follows: 1. Noun. According to section 55 of the Marine insurance Act 1963, the insurance company is liable to indemnify only those losses which has been caused by proximate or nearest cause covered under the policy and not for other remote causes. Moreover, it is to be observed that, in all cases, that which is more general is called the remote cause, while that which is more special is the proximate cause. endstream endobj 35 0 obj <> endobj 36 0 obj <> endobj 37 0 obj <>/Font<>/ProcSet[/PDF/Text]/ExtGState<>>>/Type/Page>> endobj 38 0 obj [/ICCBased 51 0 R] endobj 39 0 obj <> endobj 40 0 obj <>stream Just which juris-dictions follow which doctrine is enumerated in Table 1 (see page 4), along with the leading cases that espouse those doctrines. 2 In Boon, the policy covered certain goods in a store building. 530 provides: “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.” Confusing—-right? California Insurance Code sec. The doctrine of proximate cause, which is common to all branches of insurance, must be applied with good sense so as to give effect to and not to defeat the intention. The following two cases illustrate whether a remote cause can be considered as the proximate cause of a loss: In Roth v South Easthope Farmers' Mutual Insurance Co. (1918) lightning damaged a building and weakened a wall. During the voyage, a hole was caused at the bottom of the ship. The term causa proxima means nearest or proximate or immediate cause. The Rules For Application Of Proximate Cause In Insurance are as follows: Single Cause: When a single cause gives rise to a claim, the issue is simple. Origin of Proximate. "Proximate cause is that which, in a natural sequence, unbroken by any new cause, produces the result which would not otherwise have occurred." Let us consider the following scenario: Jim, a guitar player in a local band, plays at a gig on a Sunday evening. When a claim occurs under a general insurance policy the insurers will identity the proximate cause of the loss to ensure that the loss or damage has been caused by an insured peril but what is proximate cause and how does this affect the settlement of claims.. Identifying the cause of loss in general insurance claims. Single Event. efficient proximate cause of the subsequent flooding, mudflow, debris flow, mudslide, landslide, or other similar events. Proximate Cause; Proximate Cause. 1590-1600 Latin proximatus (near, or approach) What is Proximate Cause. Proximate cause means the active, efficient cause that sets in motion a train of events which brings a result, without the intervention of any force started and working actively from a new and independent source. By contrast, the majority of juris-dictions employ the doctrine of efficient proximate cause. As a higher form of understanding, it is useful for creative and innovative thinking. 0000001123 00000 n Proximate, Unforeseeable, and Remote Cause synonyms, Proximate, Unforeseeable, and Remote Cause pronunciation, Proximate, Unforeseeable, and Remote Cause translation, English dictionary definition of Proximate, Unforeseeable, and Remote Cause. 5. 4. 2 In Boon, the policy covered certain goods in a store building. The wind carries the flames to the building next door. In such a case a proximate cause can be distinguished from a remote cause. If the cause is an insured one, the claim is payable, if the cause is uninsured or excepted the claim is not payable. The judgment was given in favor of the insurer maintains that the loss was proximately caused by an enemy action which was not covered by the policy. Prior to the mid-1980s most insurance policies did not contain ACC clauses.6 An ACC clause in an insurance policy is an attempt to contract out of the doctrines of efficient proximate cause and concurrent causation.7 The efficient proximate cause doctrine holds that “a loss is 3. Origin . BLACK'S, supra note 1, at 263. If the real cause of the loss is insured, the insurer is liable to pay compensation. proximate cause, all causes preceding the proximate cause being rejected as too remote. Under Arizona law, a remote or trivial factor in causing harm is an element so disconnected that it likely did not contribute to the cause of the accident. From ecological imbalance the atmospheric temperature increases. Wikipedia notes that in biology, ultimate causation deals with evolutionary forces that affect traits, and proximate causation deals with biological functions as a product of environmental and physiological factors. Proximate cause refers to the first event, or first peril, in a series of events that cause damage in an insurance claim. Before publishing your Article on this site, please read the following pages: 1. After initially appearing to be covered the claim was later denied. It is the law which gives emphasis to the immediate cause and not the remote occurrence of events. The nearest cause of the damage caused t… 2. 0000001047 00000 n 745 words essay on the concept of Satellite Remote Sensing. Proximate Cause — (1) The cause having the most significant impact in bringing about the loss under a first-party property insurance policy, when two or more independent perils operate at the same time (i.e., concurrently) to produce a loss. Proximate Cause is an important principle of insurance, which helps in deciding how the loss or damage happen and whether it is the result of an insured peril or not. 0000001592 00000 n 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 Example: Driver of “Car A” runs a red light, and “Car B” which has a green light, swerves to avoid being hit. Let us take another example. The insurance policy may cover the proximate cause, but not the event that actually causes the damage, so the policy holder will not be reimbursed for his claim. The policy indemnified in respect of physical loss or damage to contents directly caused by specified events, included fire. As adjectives the difference between proximate and remote is that proximate is close or closest; adjacent while remote is at a distance; disconnected. proximate cause is covered depends upon the application of the terms of the policy to the fact pattern, a legal question for a court to decide. Unfortunately when a loss occurs there will often be a series of events leading up to the incident and so it is sometimes difficult to determine the nearest or proximate cause. Otherwise the insurer is not liable to pay compensation. This allows the court to identify multiple individuals as the proximate cause. 0000003637 00000 n 4�"-��[��WG�o�5�,�c{..���yt�����MZ����ͯ���x\��o�5t���V����ߗ�%���xF"m����k�yf�76�m�z1�y�͗�S��p�ArD#�f�N�ss+eO���d�I�ddlȇm�o��9KBbD=z�/�-�>1�Z�"s���p�. 0000012280 00000 n Shortly afterwards, the weakened wall was blown down by high winds. In this kind of situation, the initial peril that is not selected as the proximate cause is said to be only a remote cause. Proximate Cause Active, direct, and efficient cause of loss in insurance that sets in motion an unbroken chain of events which bring about damage, destruction, or injury without the intervention of a new and independent force. 0000007141 00000 n Thus the immediate preceding cause of an event is its proximate cause whereas the other causes in the causal sequence are the remote causes. When the insurer used the words “directly caused” in the policy they were taken to have intended the same as “proximate cause”. 0 <]>> What is a Remote or Trivial Factor in Proximate Causation? There are several competing theories of proximate cause (see Other factors ). Proximate cause is used in civil and criminal cases, and are frequent in personal injury legal cases. In this case, there are two causes of the mishap. The insurer is not liable for remote cause … %%EOF 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 ����z�r�{A:�#��C������R�dSG!�|ٮ��@;6p3������@��E�X��y��Q � ��MR (Pawsey vs Scottish Union and National 1907). xref Definition of Proximate Cause. This caused a power surge to the premises and damaged the Insured’s laser machine. Coverage for the loss depends on whether the superseding cause is covered. That results in melting of ice shelf in South Pole of Antarctica. The important point to consider here is that proximate cause is the only nearest cause and not the remote cause. In such a case a proximate cause can be distinguished from a remote cause. Proximate is an antonym of remote. insurer. Should be able to find the squib case, but essentially someone lights a firework throws it, starting a guy at a market stall who throws it landing in another stall and so on and so. Proximate cause is an act, whether intentional or negligent, that is determined to have caused someone else’s damages, injury, or suffering. This maxim has been widely interpreted to mean, “the immediate not the remote cause is considered.” 1. was the direct cause of the injury complained of by the plaintiffs, or whether it was only a remote cause for which no action lies." Proximate Cause vs. Actual Cause . This maxim has been widely interpreted to mean, “the immediate not the remote cause is considered.” 1. Insurance Code § 530 states: An. It is important that courts establish proximate cause in personal injury cases because not everyone nor everything that causes an injury can be held legally liable. 34 0 obj <> endobj The proximate cause of his death is cholera and not falling from the ladder, or for that matter scratches on his leg, even though it can be wrongly argued that has he not had scratches on his leg he would not have gone to hospital and contacted cholera as such. All the articles you read in this site are contributed by users like you, with a single vision to liberate knowledge. PreserveArticles.com is a free service that lets you to preserve your original articles for eternity. To understand the difference between the causes, you first need to understand the concept of negligence. If someone’s actions are a remote cause of your injury, they are not a proximate cause. Mr.A has taken a marine policyto cover the goods exported by him. It was held that the proximate cause of sinking of the ship was torpedo (Leyland shipping Co. V. Norwich Union Fire Insurance Society, 1918). First, the hole that was caused in the bottom of the ship and second, the seepage of sea water into the ship. For an act or event to be considered a proximate cause, it does not necessarily have to directly precede a loss or begin a chain of occurrences leading to the same. 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