Although many actual causes can exist for an injury (e.g., a pregnancy that led to the defendant's birth), the law does not attach liability to all the actors responsible for those causes. 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. 4. 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. It was held that the proximate cause of sinking of the ship was torpedo (Leyland shipping Co. V. Norwich Union Fire Insurance Society, 1918). %%EOF remote cause, or cause of causes which produced the result, and was not the direct, efficient, or adequate cause, which alone is actionable." Proximate cause refers to a direct cause of loss, without which the loss would not occur; therefore, it is a highly relevant principle in the insurance industry. In s causal sequence there are several events connected like a chain. 0000001479 00000 n 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. This maxim has been widely interpreted to mean, “the immediate not the remote cause is considered.” 1. Single Event. Proximate cause is an act, whether intentional or negligent, that is determined to have caused someone else’s damages, injury, or suffering. A large tree from an abutting property fell on Chelsea’s Sunbeam Nursery School last night, severely damaging an entire wing of the building. Origin . Lightning was considered to be the proximate cause. Proximate is an antonym of remote. Let us take another example. Not every remote cause of an injury will result in a right to recover damage. In practice it is very important to study the policy wording to assess its impact on the concept of proximate cause. Example 2: Driver of “Car A” runs a red light, and “Car B” which has a green light, swerves to avoid being hit. If the cause is an insured one, the claim is payable, if the cause is uninsured or excepted the claim is not payable. 0000001157 00000 n For example, if an individual who was driving while intoxicated crashed his or her car and was killed, the immediate cause of death was the crash. Through this hole, sea water has entered into the ship and damaged the goods insured. What is a Remote or Trivial Factor in Proximate Causation? The court confused "direct" with "prox-imate," as will be seen by the following extract from the opinion: 6 GREEN, RATIONALE op PRoxI ATE CAUSE 146. If the proximate cause of the loss is a peril insured against, the Insured can recover. First, the hole that was caused in the bottom of the ship and second, the seepage of sea water into the ship. If someone’s actions are a remote cause of your injury, they are not a proximate cause. Let us consider the following scenario: Jim, a guitar player in a local band, plays at a gig on a Sunday evening. 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. Read on to discover the definition & meaning of the term Remote Cause - to help you better understand the language used in insurance policies. 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 … 0000001047 00000 n But proximate cause can also be the most difficult issue in a personal injury case. 2 In Boon, the policy covered certain goods in a store building. Yet, proximate and ultimate causes deal with questions of how and why and both have applications in other fields. 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. 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. Read on to discover the definition & meaning of the term Proximate Cause - to help you better understand the language used in insurance policies. That being the case, we do not consider proximate cause unless we have established actual cause. California Insurance Code sec. 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. The proximate cause of an injury is the act or omission of an act without which the harm would not have occurred. 0000000016 00000 n 0000007141 00000 n PreserveArticles.com is an online article publishing site that helps you to submit your knowledge so that it may be preserved for eternity. 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. ����z�r�{A:�#��C������R�dSG!�|ٮ��@;6p3������@��E�X��y��Q � ��MR In this case scratches may be a remote cause. Write the main features of the Remote Sensing Data Policy, 2011? In other words the rule of causa proxima means that the cause of the loss must be proximate or immediate and not remote. Proximate cause is used in civil and criminal cases, and are frequent in personal injury legal cases. This allows the court to identify multiple individuals as the proximate cause. The gig goes well and an encore is demanded by the crowd. This increases water level in the oceans and sea. 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. When the insurer used the words “directly caused” in the policy they were taken to have intended the same as “proximate cause”. Insurance Code § 530 states: An. trailer Under the policy, goods have been insured against damage likely to be caused by sea water. 0000001592 00000 n Example: Driver of “Car A” runs a red light, and “Car B” which has a green light, swerves to avoid being hit. It is the law which gives emphasis to the immediate cause and not the remote occurrence of events. Proximate cause has been defined as The active efficient cause that sets in motion a train of events which bring about a result without the intervention of any force started and working actively from a new and independent source . Disclaimer 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. Although, cyclone was nearer to sinking in time, nevertheless, torpedo was the active efficient cause, because the ship was so … 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 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. 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. also Parks, “Marine Insurance: Proximate Cause,” 10 J.M.L.C. By contrast, the majority of juris-dictions employ the doctrine of efficient proximate cause. 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. Origin of Proximate. 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. remote cause. 53 0 obj <>stream The insurer is not liable for remote cause … A man scratches his leg falling from a ladder. 6 Cf. In these states, coverage is afforded if the predominant cause of the loss is a covered cause of loss. (Pawsey vs Scottish Union and National 1907). 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? 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. To understand the difference between the causes, you first need to understand the concept of negligence. 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. 34 0 obj <> endobj The proximate cause itself may not do any direct damage. Proximate Cause; Proximate Cause. What are the Proximate Determinants of Fertility? 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. 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. The maxim Causa Proxima, Non Remota Spectatur is used to describe the proximate, not the remote, cause which should be considered. Certain states take into consideration the “but for” rule for proximate cause. 0000008510 00000 n As a higher form of understanding, it is useful for creative and innovative thinking. 0000001444 00000 n 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. In this case, there are two causes of the mishap. REMOTE CAUSE a cause distant in time from the effect; an event in the distant past that helps cause some effect. 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. 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