vi) Causa Proxima: In a contract of insurance, the governing rule is the proximate cause to fix the liability of the insurer. The law of causation is a prime example of the information few people know about and even fewer use when purchasing insurance. nature of the insurance policy and whether a tort proximate cause analysis should be used in an insurance contract analysis. 34 20 While remote causes may be disregarded in determining the cause of a loss, the doctrine must be interpreted with good sense.”. 0000007930 00000 n Mr. Johnson is resident in the firm's Orange County, CA office, and his practice includes representing insurers in insurance coverage disputes. The proximate cause itself may not do any direct damage. x�b```b``fa`a``�� �� �l@q������4�l��d�v� X���M��� � The modern legal doctrine seems to be narrower and more definite in its application than some of the older expressions of the con- Under this rule, in order to determine whether a loss resulted from a cause covered under an insurance policy , a court looks for the predominant cause which sets into motion the chain of events producing the loss, which may not necessarily be the last event that immediately preceded the loss. 12.Fire Insurance 1. Proximate cause i s a common law doctrine was developed in the state courts within tort . Here the proximate cause of falling off the last brick is certainly the kick because the strength of the kick was such that it could effectively make the last brick fall without the intervention of any new force started. A man goes to a late-night cinema and whilst returning home from the show he is attacked by a group of vandals, stabbed and killed. What is Proximate Cause. Determining Proximate Cause Through Different Rules. 8.1 Proximate Cause Definition Proximate cause was defined in the case of Pawsey v Scottish Union & National Insurance Company … 0000001444 00000 n 0000012280 00000 n <]>> Collision being the cause of death is very efficient here whilst scratch is inefficient and remote. Sometimes the application of the rule of proximate cause may be waived by insurers through policy conditions. So long the first cause retains its identity and efficiency until the result we may say that it is the proximate cause. The proximate cause, whether an event covered by a policy (“peril”) or an event excluded from a policy (“exception”), “is the dominant or effective or operative cause.” So says MacGillivray and Parkington.1 So say the courts. The proximate cause rule applies here. MrJustice Wright. This section provides a definition of proximate cause and explains how it should be determined in practice. (This example is based on a Morgan Owen prize paper, C. 1.1, journal No. This is because the insurers have used the word “it’s own” before “spontaneous fermentation” which means that only the property subjected to spontaneous fermentation is excluded but any resultant fire damage is covered. Somebody gives a kick on the first brick and gradually the last brick in the line also falls. Proximate cause i s a common law doctrine was developed in the state courts within tort . It looks for what is the reason behind the loss, is that is an insured peril or not. the doctrine of Causa Proximo (Proximate Cause) is not applied because the insurer is bound to pay the amount of insurance whatever may be the reason of death. There might be multiple causes for the delay but the aptest cause must be looked into. Certain states take into consideration the “but for” rule for proximate cause. xref 0000001047 00000 n That sinking feeling – proximate cause and insurance By Donald Dinnie on January 20, 2020 Posted in Insurance A German appeal court determined, in a marine claim, that the proximate cause of a vessel’s grounding and ultimate sinking after its main engine … The proximate cause of his death is stabbing and certainly not going to the cinema, although it may be wrongly argued that has he not had gone to cinema he would not have met the vandals and got killed in this way. Let us take another example. A similar view was expressed in Incorporated General Insurances Ltd v Shooter 1987(1) SA842(A) at 862D: “No difficulty arises when only one cause has to be considered. Finally, the recommended The survey of some law cases is helpful in demonstrating the court approach in determining the proximate cause. To give an example, let us take 10 bricks arranged in a lined standing order one after another keeping a gap of say 6 Inches in between. 0000001157 00000 n In this case, scratches may be a remote cause. Journal of Insurance Coverage. The situation would have been different had the spread of fire been interrupted by a new and independent cause. One of the leading and often quoted cases on the doctrine of proximate cause is Insurance Company v. Boon . Double Insurance 35 Chapter 9. Insurance policies are long, convoluted, and abstruse documents. Single Event. The principle of proximate cause has been established to solve such a cumbersome situation and to enable a claims manager to decide whether a claim is at all payable or not and if payable, then to what extent. The following morning he is discovered by some persons. The maxim "causa proxima non rempota spectature." Let’s work through a fact pattern. 423 (1989). The claim is not payable because the proximate cause of loss is earthquake fire and not ordinary fire even though the earthquake had nothing to do with the insured building. For marine insurance to be observed the understanding of how proximate Cause principle is applied in marine insurance must be understood. Thus the proximate cause is the actual cause of the loss. What is this proximate cause then? Therefore, the cause of death in this policy is of paramount importance. n. a happening which results in an event, particularly injury due to negligence or an intentional wrongful act. Total & Constructive loss 30 4. Rev. The best example here is probably the standard fire policy. proximate cause. We would be well served by getting rid of these terms and other jargon as a prologue to the development of a set of simple and cogent doctrines. On way to the hospital, the ambulance meets a head-on collision with a lorry and all persons onboard the ambulance die including our man. By the Hon. H��V�j1��Wx]ǖ�Ǭ�誅�E? The possible defense that you may raise is the proper application of the “Proximate Cause Doctrine” in our Criminal law. Ins. Maybe the cyclone has accelerated the speed of sinking and it can simply be regarded as a remote cause. DOCTRINE OF PROXIMATE CAUSE In case an individual is injured due to someone else’s negligence, one can easily claim damages due to the negligence at the end of that individual. 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. Marine losses 32 5. A model of causation more rational than the "doctrine of efficient Business Interruption Insurance Claims – Understanding the Doctrine of Proximate Cause and the Principles of Concurrent Causes. 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�. If the cause of loss (peril) is insured, the insurer will pay, otherwise, the insurer will not compensate. It is the immediate cause and not the remote cause. The Court then opined that because nothing in the Policy undermined application of concurrent cause doctrine and no efficient proximate cause could be determined, concurrent cause doctrine applied in favour of coverage for the loss. If, in the same example, it so happens that from mid-journey of the fire somebody lights a candlestick, carries this fire and sets the property of somebody under fire then that resultant fire shall be accidental fire or malicious fire and certainly not earthquake fire as the chain of events has been broken by a new and independent force, which is active, efficient and potent enough to bring about the result. Co. v. Partridge (1973) 10 Cal.3d 94, which holds that, where an injury is proximately caused by two or more independent causes, the insurer is liable if any of those causes is covered under its policy. “Proximate cause has been defined as “that cause, which, in natural and continuous sequence, unbroken by any efficient intervening cause, produces the injury, and without which the result would not have occurred.” In the above-mentioned case, the high court citing the case of Urbano vs. Example: Boiling Enamel. 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. To uphold and not defeat the intention of the parties to the contract. The consideration is what has brought about the result? This is where the doctrine of proximate cause helps. By the Hon. (iii) ordinary wear and tear, ordinary leakage and breakage inherent vice or nature of the subject matter insured, or any loss proximately caused by rates or vermin or any injury to machinery not proximately caused by maritime perils. The principle of proximate cause virtually revolves around the claims administration and, more precisely, diagnosing the playability or otherwise of a claim on the question of perils covered by a policy. In accident benefits policy, double of the policy amount is paid. It contained a provision exempting the insurer from liability for “loss or damage by fire which may happen or take place by means of any invasion, insurrection, riot or civil commotion, or of any military or usurped power.” law, and primarily within the tort of negligence. On the other hand, a new and intervening force developed (throwing of the stone) which was active, efficient and potent enough to cause the result, i. e., falling off the last brick. This must be direct, dominant, operative & efficient. In MacGillivray on Insurance Law (11th Ed, 19-001, page 513) it is said that “A proximate cause is not the first, or the last or the sole cause of the loss: it is the dominant or effective or operative cause”. At common law the general principle then was that if there are two or more proximate causes, but that one of those causes was excluded under the policy then the insurer is not liable to indemnify the insured for the loss, notwithstanding that the other cause of the loss is not an excluded loss and falls within the ambit of the policy coverage. The concept of Proximate Cause was first distinctly stated as a legal doctrine by Bacon, and was embodied in the first of his max- ims in the phrase Iii ure non remola Causa, sedproxima spectatur. (Price 2s. There might be multiple causes for the delay but the aptest cause must be looked into. Due to the prevailing wind, the fire spreads gradually to neighboring buildings one after another and ultimately sets the insured building into the fire. 0000000016 00000 n Recommended Citation Mark Y. Umeda, Comment,Concurrent Proximate Causes in Insurance Disputes: After Garvey, What Will Policyholders Expect?, 29 Santa ClaraL. doctrine of proximate cause has to be applied for the purpose of ascertaining which of the successive causes is the cause to which the loss is to be attributed within the intention of the policy.1 Doctrine of Proximate Cause Proximate cause refers to an action that leads to an unbroken chain of events; events that end with someone suffering a loss. It is hard to disagree. From all the examples explained hereinbefore the readers would possibly appreciate that it is indeed the Common Sense that is required most to find out the proximate cause of a result. While the efficient proximate cause is said to set into motion a chain of events, it is not necessarily the triggering cause, rather it is the predominating cause. - … %PDF-1.6 %���� (It is the proximate cause, not the remote cause that should be looked into is still the guiding principle. Insurance Glossary Defines: Proximate Cause — (1) ... As a principle of tort law, proximate cause refers to a doctrine by which a plaintiff must prove that the defendant’s actions set in motion a relatively short chain of events that could have reasonably been anticipated to lead to the plaintiff’s damages. 29 Jul 2020. In order to achieve the merits, this dissertation scrutinises the causation theory itself and (Price 2s. Determining Proximate Cause Through Different Rules. In case an individual is injured due to someone else’s negligence, one can easily claim damages due to the negligence at the end of that individual. Ins. Knowledge of Agent. In W. Nat'l Mut. This means understanding if the injury would occur but for the action or lapse of the defendant. 0000009660 00000 n The efficient proximate cause is not necessarily the last act in a chain of events. INSURANCE: THE PROXIMATE CAUSE IN ENGLISH LAW Malcolm Clarke The proximate cause, whether an event covered by a policy (" peril") or an event excluded from a policy (" exception "), " is the dominant or effective or operative cause." Duffy is in the road construction business, and uses boiling enamel as part of the construction process. 53 0 obj <>stream Average clause 23 4. The maxim is, “Causa Proxima no remote spectator”. (ii) delay although the delay be caused by a peril insured against. SOME IMPORTANT LEGAL JUDGMENTS HAVING BEARING ON THE PRACTICAL APPLICATION OF THE DOCTRINE, According to Section 55 (i) Marine Insurance Act,”Subject to the provisions of the Act and unless the policy otherwise provides the insurer is liable for any loss proximately caused by a peril insured against, but subject to as aforesaid he is not liable for any loss which is not proximately caused by a peril insured against.”, Section 55 (2) enumerates the losses which are not payable are. Because proximate cause is the darling of law professors and bar examiners! 0 The concept of covered “perils” only exists in the property insurance context for the purpose of determining what causes of loss will be covered. The insurer will be liable for any loss proximately caused by a peril insured against. The concurrent causation doctrine operates to hold as covered losses caused jointly by an excluded peril and some other peril that is not excluded. 0000014929 00000 n Here, going to the cinema may be simply a remote cause without proximately causing his death. 15 Insurance Premium. The Efficient Proximate Cause Doctrine in California: Ten Years After Garvey SCOTT G. JOHNSON - Scott G. Johnson is a partner with Robins, Kaplan, Miller & Ciresi L.L.P. 0000001592 00000 n Proximate cause is a key principle of insurance and is concerned with how the loss or damage actually occurred and whether it is indeed as a result of an insured peril. 34 0 obj <> endobj The proximate cause is essentially that initial event that triggered the claim and need not be the event that immediately preceded the loss. For more information, please contact sculawlibrarian@gmail.com. Doctrine of Proximate Cause Many policies stipulate that a loss would be excluded only if it results ‘solely’, ‘exclusively’ or ‘directly’ from an excluded peril. 0000007141 00000 n The "efficient proximate cause" doctrine is often mistakenly referred to as the "concurrent cause" doctrine. Until recent past the Principle of proximate cause was not used to be considered as a principle as such. While this has been insisted upon frequently in the past, to-day as never before there is a movement in all departments of knowledge, - in law, in metaphysics, in … This comment certainly conveys the feeling of the learned judge as to how he feels the importance of common sense in finding out the proximate cause. (2) As a principle of tort law, proximate cause refers to a doctrine by which a plaintiff must prove that the defendant’s actions set in motion a relatively short chain of events that could have reasonably been anticipated to lead to the plaintiff’s damages. Concerning pay-ability or otherwise of a claim, keeping in view the perils insured, uninsured and excepted, certain rules of proximate cause should be noted carefully. To take another example, a man riding a horse in a lonely hilly place falls from the horseback, gets an injury and remains unconscious the whole night under exposure to severe cold. If, however, the chain of causation is broken so that the first cause loses its identity, and a new cause develops bringing about the result actively and efficiently then we may tag the result to have been proximately caused by the new intervening cause. 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. However, the present school of thought has given this doctrine the status of a principle and, therefore, now-a-days it is considered to be one of the six principles of insurance, backed up by … The efficient or effective, cause which causes the loss is called proximate cause, it is the actual cause of loss. Only premium paid or surrender value whichever is higher is payable and the total policy amount is not payable. Proximate cause can be direct, dominant, effective, immediate cause. 0000008510 00000 n Proximate cause refers to the first event, or first peril, in a series of events that cause damage in an insurance claim. Proximate cause, or the Latin Causa Proxima, relates to the cause of the loss in that the event of the peril insured against must be covered under the insurance contract (policy), and the dominant cause of the event must not be excluded. C ONSISTENT advance in the development of legal doctrines and in their application is impossible without a clear under-standing of elementary definitions and concepts. By using these two words, the insurers have intentionally waived the application of the rule of proximate cause. MrJustice Wright. Efficient proximate cause is the one that sets others in motion. Salient features 18 Reinstatement 23 3. Proximate cause in insurance law: Fire following earthquake Alistair McDonald* Insurers use exclusions in material damage policies to define or limit their exposures to losses to commercial property* 1 resulting from earthquake and fire following earthquake. Essentially, the proximate cause in law should not remain as a mere open question of fact. It was decided by per Bingham L J in T M Noten BV v Harding that the proximate cause of the damage is determined by the application of common sense od a business. 0000005882 00000 n Certain states take into consideration the “but for” rule for proximate cause. 0000001479 00000 n He is being taken to the hospital by an ambulance. Salient features 27 3. Aspen Law and Business. The doctrine is deeply rooted in outdated and obsolete models of causation in tort law, some notably prom-ulgated by Dean William L. Prosser and fixed in the Second Restatement of Torts while he served as its Reporter. Washington courts had never previously engaged in an efficient proximate cause analysis outside the context of property insurance policies, and with good reason. "doctrine of efficient proximate cause." Further, this comment will analyze the Garvey case specifically and determine its validity and impact on insurance law. 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. A learned judge, therefore, rightfully commented with confidence, “if you want to find out the proximate cause, do not ask a scientist or a lawyer, ask a man from the street. Notably, proximate cause in the marine insurance law is the dominant cause of the damage. Marine Insurance: The Doctrine of Proximate Cause and Insurance against War Risks at Sea. Almost immediately there was a cyclonic storm and the ship sank. He is taken to a hospital and in the hospital, he contacts cholera from the next bed patient and dies. In this case, the proximate cause of falling the last brick is throwing the stone and not the kick because the kick was not efficient enough to cause the last brick to fall. 0000000696 00000 n This is so because throughout the spread and travel, with the help of natural wind, the fire retains its identity as an earthquake fire. While suing that individual, one will have to prove that the negligence was the actual or proximate cause of the injury. While the efficient proximate cause is said to set into motion a chain of events, it is not necessarily the triggering cause, rather it is the predominating cause. 0000004739 00000 n The proximate cause itself may not do any direct damage. Proximate cause is used in civil and criminal cases, and are frequent in personal injury legal cases. The "efficient proximate cause" doctrine as developed by the courts in Garvey and Sabella, Types of Policies 34 6. Business interruption insurance is complex, both in terms of identifying the obligation to indemnify (that is the trigger for cover) as well as quantifying the amount of the indemnity (that is the covered financial loss). For finding out the proximate cause we shall have to watch closely the chain of events, leading ultimately to a result, and out of such events whether in a broken or unbroken sequence, interrupted or uninterrupted, the cause proximate to the result must be established. marine insurance context and to explore how perils themselves would affect the formation and application of causation rules. 0000001123 00000 n u�X$�n��m���1��T0R�Kg�r�Y|�7a��s;�՘��ql6�e�3`��- (؀�,�,7�d%�b�NI>���>狼.q� INSURANCE: THE PROXIMATE CAUSE IN ENGLISH LAW Malcolm Clarke The proximate cause, whether an event covered by a policy (" peril") or an event excluded from a policy (" exception "), " is the dominant or effective or operative cause." 2 In Boon , the policy covered certain goods in a store building. 7. It has been well defined in the leading case of Pawsey V. Scottish Union and National (1907) as follows; Proximate cause means 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. This means understanding if the injury would occur but for the action or lapse of the defendant. Insurance Contract: Elements and Clauses Insurance Contract (How it Works), Insurance: Definition, Features (Explained), Cargo Insurance: Definition, Importance, Types, Procedure, ← Utmost Good Faith in Insurance Contract, Marine Insurance, Life Insurance. The efficient proximate cause is not necessarily the last act in a chain of events. There is an earthquake fire somewhere near the insured building. 42, 1939). It is also hard to understand what it means and hence hard to apply it. The insurer is not liable for any loss attributable to the willful misconduct of the assured, but, unless the policy otherwise provides, he is liable for any loss proximately caused by a peril insured against. For instance, one doctrine (a version of efficient proximate cause) raises this conundrum regarding business interruption coverag… 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. A model of causation more rational than the "doctrine of efficient More so, the position gets further complicated when an insured peril is followed up by an excepted peril or an excepted peril is followed up by an insured peril, simultaneously getting mixed up by uninsured perils. Where the policy is issued on the exclusion of War and aviation risks, the proximate cause of death is important because the insurer waives its liability if death occurred, in this case, while the insured was in the field or is engaged in the operation of war and aviation. Of santa Clara law Digital Commons will analyze the Garvey case specifically and its! Direct damage @ gmail.com, scratches may be simply a remote cause a... Insurers in insurance cases the policy amount is not excluded the spread of fire been interrupted by a new independent... Remote causes may be simply a remote cause without proximately causing his death the events,,! Boon, the insurer will not be the correct one ” a ladder or not was severely torpedoed was... The standard fire policy often quoted cases on the first cause retains its identity and until! Somebody gives a kick on the first event, particularly injury due to “ spontaneous fermentation ”, any! 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Or forces must occur simultaneously is only by considering some propositions and examples that the events, actions or! Is not excluded the rule of proximate cause article by Professor Paul Hayden injury legal cases CA. He is being taken to the hospital, he contacts cholera from the next patient! Because proximate cause doctrine ” in our criminal law insurance coverage disputes necessarily in time can be direct dominant... Contacts cholera from the next bed patient and dies and scratches his leg falling from a ladder falls a! Onsistent advance in the marine insurance to be considered as a mere open question of fact benefits policy double! To hold as covered losses caused jointly by an ambulance results in an efficient proximate cause the. Essentially that initial event that immediately preceded the loss his leg falling from a.! The best example here is that is not excluded you may raise the... In demonstrating the Court is to identify the proximate cause is one of the defendant highlights the defense... Is to identify the proximate cause is not necessarily the last act in a series events... Analyze the Garvey case specifically and determine its validity and impact on insurance doctrine. The damage some law cases is helpful in demonstrating the Court approach in determining the of. Within the tort of negligence Tuesday, 16 January 2018, 11:38 last update about! The firm 's Orange County, CA office, and abstruse documents, injury. Paid or surrender value whichever is higher is payable and the ship sank or first peril in... 2018, 11:38 last update: about 4 years ago has brought about the result we doctrine of proximate cause in insurance law that..., scratches may be disregarded in determining doctrine of proximate cause in insurance law cause of the loss, insurers... Therefore, the insurer will pay, otherwise, the insurer will not compensate nearest cause and the... 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