CH 6- Proximate cause Flashcards Preview

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Flashcards in CH 6- Proximate cause Deck (12)
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1

According to Pawsey vs Scottish union and National what is 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

2

Proximate Cause of an occurrence is always

It is always the dominant cause, there is a direct link between it and the resulting loss

3

Nature of the Peril can be classified as

1.The Insured Peril
2.Expected or excluded Peril
3. Uninusred or Unnamed Peril

4

What is an insured Peril

Those named in the policy as covered

5

What is an Expected or Excluded Peril

Those named in the policy as specifically not covered

6

What is an Uninsured or Unnamed Peril

Those Perils not mentioned in the policy at all

7

When is it only necessary to find the proximate cause of a loss

Where the events before the loss are not all insured perils or of different levels of excess apply to different perils in the chain

8

If loss is caused by an insured Peril and insured peril is the proximate cause then

The Loss is covered

9

If loss is caused by an expected Peril and expected peril is the proximate cause then

Loss is not covered

10

If loss is caused by an unnamed Peril and insured peril is the proximate cause then

Loss is covered

11

Which two things need to be considered when deciding whether a loss is covered or not

1.Which Perils are clearly stated as covered by the policy
2.Which Perils are clearly stated as not covered by the policy

12

What can modify the doctrine of proximate cause

Policy Wording, it is necessary to check the precise wordings of exclusion in deciding how the impact on any claim