One of the leading and often quoted cases on the doctrine of proximate cause is Insurance Company v. Boon . 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. This section provides a definition of proximate cause and explains how it should be determined in practice. 7 Sebo v. American Home Assurance Company, Inc. 208 So. 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. 6 Michael C. Phillips and Lisa L. Coplen, Concurrent Causation Versus Efficient Proximate Cause in First Party Insurance Coverage Analysis, The Brief – Tort & Trial Insurance Practice Section, Winter 2007 Vol. Proximate cause is not confined to insurance law but is important to most branches of law and. In California, the mixture of each a coated loss and an uncovered loss can nonetheless be coated underneath the Environment friendly Proximate Trigger Doctrine offered that the coated loss is the environment friendly proximate explanation for the loss. Certain states take into consideration the “but for” rule for proximate cause. 3d 694 (Fla 2016) at 698. Determining Proximate Cause Through Different Rules. This is where the doctrine of proximate cause helps. 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. In the context of a car accident case, the concept of "proximate cause" refers to the act (or failure to act) that was the legal cause of the auto accident, and led to all resulting injuries and vehicle damage. 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. It often earliest in the point of time. 2 In Boon , the policy covered certain goods in a store building. If the cause is an insured one, the claim is payable, if the cause is uninsured or excepted the claim is not payable. In practice it is very important to study the policy wording to assess its impact on the concept of proximate cause. Insurance policies are long, convoluted, and abstruse documents. It was held that the proximate cause of sinking of the ship was torpedo (Leyland shipping Co. V. Norwich Union Fire Insurance Society, 1918). Three unruly doctrines—proximate cause, concurrent cause, and efficient proximate cause—cause an inordinate amount of litigation. Leyland Shipping Company Vs. Norwich Union Fire Insurance Society; it was held that proximate cause of loss does not mean that which is the nearest in point of time to the disaster, but means the real efficient or dominant cause of loss. Proximate cause is used in civil and criminal cases, and are frequent in personal injury legal cases. 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. This means understanding if the injury would occur but for the action or lapse of the defendant. Although, cyclone was nearer to sinking in time, nevertheless, torpedo was the active efficient cause, because the ship was so … 36 No. 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 the cause which sets other causes in motion. 2, page 3. But besides the common law doctrine of proximate cause policy wordings generally also convey the idea of causation. One of the leading and often quoted cases on the doctrine of proximate cause and explains how it be... For the action or lapse of the defendant Company, Inc. 208.! 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