Causation Flashcards
What musta loss be in the contract to be covered
Destroyed by a covered peril
Who must prove that the loss was caused by an insured peril?
The insured
What are the 2 test of causation
- What did the policy intend to cover?
2. Was the loss caused by the insured peril (but for test)
What are 3 other names for proximate cause
Dominant, real or effective cause
What is a proximate cause
The event that sets in motion the chain of events that brings about the results without the intervention of another cause
What is the precedent set by what case for proximate cause
Layland shipping. What was intended to be covered and what caused the loss
What is the difference between Layland and ionides
precedent was applied wrong in that case, it only looks at the immediate cause
Explain the grey v bar case
The immediate cause was the second gunshot, the proximate cause was Mr grey entering the house. The gunshot wouldn’t have happened but for Mr bar entering the house and it is reasonable to think that a person entering a house with a loaded gun was going to cause harm.
What statute states the obligation
Marine insurance act
Under the MIA what is the implied term definition for proximate cause
the insurer is liable for any loss proximately caused by a peril insured against
Successive cause
The last cause in time
Can the successive cause be the dominant cause
It can be but is not always, the dominant cause is no longer proximate cause as president changed in Layland shipping
When is the successive cause not the proximate cause?
When another act intervenes
Novus Actus
Something intervened and this is now the dominant cause
Concurrent cause
When there are two or more causes happening at the same time with equal attribution
