By contrast, the majority of juris-dictions employ the doctrine of efficient proximate cause. Consequently low level land areas will be submerged in water. Proximate cause is not confined to insurance law but is important to most branches of law and. 0000007930 00000 n This cause is termed the proximate cause and all other causes being considered as remote . 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. Thus the immediate preceding cause of an event is its proximate cause whereas the other causes in the causal sequence are the remote causes. 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 Proximate Cause - The Wayne Tank Principle and The Three Little Pigs You may have recently seen in the papers that building in Lidcombe where the roof blew off in January and the owners found themselves in the situation with a strata policy which covers storm … 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. Proximate cause is a key principle of Insurance and is concerned with how the loss or damage actually occurred. The wind carries the flames to the building next door. Insurance Code § 530 states: An. The important point to consider here is that proximate cause is the only nearest cause and not the remote cause. Mr.A has taken a marine policyto cover the goods exported by him. Just which juris-dictions follow which doctrine is enumerated in Table 1 (see page 4), along with the leading cases that espouse those doctrines. remote cause, or cause of causes which produced the result, and was not the direct, efficient, or adequate cause, which alone is actionable." A large tree from an abutting property fell on Chelsea’s Sunbeam Nursery School last night, severely damaging an entire wing of the building. efficient proximate cause of the subsequent flooding, mudflow, debris flow, mudslide, landslide, or other similar events. 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? This means understanding if the injury would occur but for the action or lapse of the defendant. It is the law which gives emphasis to the immediate cause and not the remote occurrence of events. 6 Cf. This maxim has been widely interpreted to mean, “the immediate not the remote cause is considered.” 1. 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. Otherwise the insurer is not liable to pay compensation. One of the leading and often quoted cases on the doctrine of proximate cause is Insurance Company v. Boon. 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. The maxim Causa Proxima, Non Remota Spectatur is used to describe the proximate, not the remote, cause … https://www.InjuryClaimCoach.com Proximate cause is an important part of personal injury claims. 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. Definition of Proximate Cause. Proximate cause is an act, whether intentional or negligent, that is determined to have caused someone else’s damages, injury, or suffering. Hence, these two analyses of the causes - sometimes as prior and posterior, sometimes as remote and proximate causes - mean the same thing. 0000009660 00000 n 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. 0000010936 00000 n It is the law which gives emphasis to the immediate cause and not the remote occurrence of events. In such a case a proximate cause can be distinguished from a remote cause. Insurance Code § 530 states: An. As a higher form of understanding, it is useful for creative and innovative thinking. 5. As adjectives the difference between proximate and remote is that proximate is close or closest; adjacent while remote is at a distance; disconnected. The proximate cause is not necessarily the first cause, nor the last cause; it is the dominant, efficient or operative cause. 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. Proximate is an antonym of remote. 4. Determining Proximate Cause Through Different Rules. Let us consider the following scenario: Jim, a guitar player in a local band, plays at a gig on a Sunday evening. 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 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. Let us take another example. insurer. 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. Read on to discover the definition & meaning of the term Proximate Cause - to help you better understand the language used in insurance policies. Disclaimer Between the remote cause and the injury, there intervened the negligence of the minor’s parents or the detachment of the steering wheel guide of the jeep. 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