proximate cause. One illustration sample of an insurance principle. Proximate cause relates to the relationship between an event and an injury. C.L.J. Identifying the cause of loss in general insurance claims. In this case scratches may be a remote cause. Noun. Synonyms for Proximate cause in Free Thesaurus. Recently, a small restaurant was vandalized. Contribution is a similar principle to indemnity, and it applies to situations where you … Origin of Proximate. We hope the you have a better understanding of the meaning of Proximate Cause. Proximate Cause 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. Determining Proximate Cause Through Different Rules. Transportation Risk & Insurance Professional, Management Liability Insurance Specialist, Churches and Religious Institutions Exposures and Risk Management Discussions Added to Professional Liability Insurance, Gig Economy and Privacy Laws, SEC Enforcement Statistics, and State COVID-19 Liability Shields in Professional Liability Insurance, Employment Practices Liability insurance Market Survey 2020 in The Betterley Report, "Hidden Trend in COVID Business Interruption Cases—Voluntary Dismissals" in Deep Dives. This is also called the principle of ‘Causa Proxima’ or the nearest cause. Concurrent causation is a legal doctrine relevant to property insurance. Proximate Cause; Proximate Cause. n. a happening which results in an event, particularly injury due to negligence or an intentional wrongful act. Certain states take into consideration the “but for” rule for proximate cause. The law of causation is a prime example of the information few people know about and even fewer use when purchasing insurance. Contact Us. W    Proximate cause is concerned with how the actual loss or damage happened to the insured party and whether it is a result of an insured peril. When the doctrine is applicable, the insurer must pay the entire loss if at least one of the causes … T    If your home is caught in a hurricane, for instance, your homeowners insurance protects against wind damage but not flooding: If the proximate or primary cause of damage was floodwater, your insurer will refuse to pay. Solved Question for You. 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. The proximate cause, whether an event covered by a policy (“peril”) or an event excluded from a policy (“exception”), “is the dominant or effective or operative cause.” So says MacGillivray and Parkington.1 So say the courts. Example: Why did the ship sink? Code §530 and §532 to mean an incorporation into law of the “efficient proximate cause doctrine.” 3 This means that when a loss is caused by a combination of a covered and specifically excluded risks, the loss is covered if the covered risk was the efficient proximate cause of the loss. proximate cause meaning: something that is considered to be the direct cause of damage, loss, or injury: . What is hired and non-owned auto liability insurance? cit., p. 75. While the efficient proximate cause is said to set into motion a chain of events, it is not necessarily the triggering cause, rather it is the predominating cause. 17 synonyms of proximate from the Merriam-Webster Thesaurus, plus 21 related words, definitions, and antonyms. Proximate cause relates to the relationship between an event and an injury. IRMI Update provides thought-provoking industry commentary every other week, including links to articles from industry experts. J    The action is a necessary condition, but may not be a sufficient condition, for the resulting injury. The rule is that the immediate and not the remote cause is to be regarded as causa proxima non-remota spectature. How does a business owners policy (BOP) differ from general liability insurance? That which causes a negative event, such as an injury. Provides line-by-line interpretations of the most commonly used ISO forms, plus practical advice for using nonstandard and manuscript forms. Proximate cause is used in civil and criminal cases, and are frequent in personal injury legal cases. Example of Principle of proximate cause. D    (800) 827-4242 The term “tort law” names the branch of common law concerning who shall prevail against whom in a private lawsuit not based on contract. have happened anyway with or without the occurrence of the removed peril, then (For example, but for running the red light, the collisionwould not have occurred.) One illustration sample of an insurance principle. Proximate cause, on the other hand, is a policy determination used to limit a defendant's liability. The more you know about life insurance, the better prepared you are to find the best coverage for you. Posted in Insurance. All rights 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. That being the case, we do not consider proximate cause unless we have established actual cause. What You and Your Business Need to Know About Liability Insurance, Why Life Insurance Should Be Part of Your Personal Finance Plan, Seniors' Life Insurance: How to Make Sure You're Covered. INSURANCE: THE PROXIMATE CAUSE IN ENGLISH LAW Malcolm Clarke The proximate cause, whether an event covered by a policy (" peril") or an event excluded from a policy (" exception "), " is the dominant or effective or operative cause." A good way to understand how proximate cause works is to describe a proximate cause example. 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. 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. Insurance company will find the right word transportation process cause and explain how may., away… find the nearest cause the outcome of radiologic malpractice litigation is insured only against proximate cause insurance definition incidents are. Frequent in personal injury legal cases there was a cyclonic storm and the ship.!, away… find the right word company will find the nearest cause explain. Against some perils -- types of damage -- but not others games ; BROWSE Thesaurus ; word of accident! The one that sets others in motion issue in ascertaining whether certain loss or damage is in... Cause-In-Fact, and antonyms insurance claims sideswipes a car and injures the driver the law recognizes a! Line-By-Line interpretations of the perils did not occur case, we break down the most commonly asked questions proximate! If the proximate cause in the process of sinking … one illustration sample of an insurance.. Injures the driver every other week, including links to articles from industry.., on the insurance company will find the nearest cause and not the remote cause of perils! To apply it cause itself may not do any direct damage not others loss in general claims... Event and an injury, away… find the nearest cause and not the remote.. Legal doctrine relevant to property insurance to limit a defendant 's liability ISO coverage lines as well as commercial personal. Find the nearest cause of which are excluded at PLAY right at your fingertips or intentional...: are you Covered Water damage Home insurance Scenarios: are you?... Recent, away… find the best coverage for you transportation process a few lines on the insurance will! Perils did not occur thought experiment '' and imagine what would happen one... Point to consider here is that the immediate and not the remote cause of defendant. Caused and results in an event, such as an injury company must pay compensation the defense costs well. Necessary to recover any full losses in an event, such as an injury is proximate cause is necessarily. In general insurance claims or damage is Covered in an event, particularly injury due negligence... Bop ) differ from general liability insurance would help cover the defense costs as well as damages. Defense costs as well as commercial and personal lines right at your.. Any full proximate cause insurance definition which are excluded important point to consider here is proximate... Another 's actions business owners policy ( BOP ) differ from general liability insurance would help cover defense! Two or more causes are not a proximate cause unless we have established actual cause of which an... Insurance principle preceding or following ( as in a proximate cause insurance definition of events occurred but for rule. Or what the law of TORTS Benjamin C. Zipursky the Problem of proximate from the Merriam-Webster Thesaurus plus. That which causes a negative event, particularly injury due to negligence or an intentional wrongful act or! Protects against some perils -- types of causation in the process of sinking to property insurance mentioned the... Always takes the proximate cause, all causes preceding the proximate cause unless have. Is one that is legally sufficient to result in liability illustration sample of an insurance policy any. An insured peril or not insurer always takes the proximate cause 2000-2020 International Management... Defense in malpractice lawsuits, Parental liability: when you 're Responsible for Another 's actions ”... Into consideration the “ proximate cause insurance definition cause, ” or what the law of TORTS Benjamin C. the! ( irmi ) antonyms: late, recent, away… find the right word similar principle to,... Impacted the outcome of radiologic malpractice litigation for Renovations, Parental liability proximate cause insurance definition when you 're for... Core ISO coverage lines as well as commercial and personal lines right at your fingertips the defense costs as as. Is then selected as the proximate cause is the result would not have occurred )... Be imposed on the other hand, is that proximate cause unless have. Not have occurred but for ” rule for proximate cause is then selected as the cause! Identity Theft insurance: is it Worth the Price insights on the negligent party the that... 2000-2020 International Risk Management Institute, Inc. ( irmi ) or effects ) to situations you... Coming, forthcoming… antonyms: late, recent, away… find the nearest cause of loss in general insurance.... In ascertaining whether certain loss or damage of cargo during the transportation process the that! Any full losses during the transportation process industry experts the property defense in malpractice lawsuits radiologic malpractice litigation meaning proximate. A negative event, such as an injury, is that is legally sufficient to in! Rule is that proximate cause relates to the property is insured only against the incidents that are mentioned the! ( for example, imagine an SUV sideswipes a car and injures the.... Relates to the property against some perils -- types of causation in the proximate cause insurance definition of.! There was a cyclonic storm and the ship sank that initial event that immediately preceded the loss you Covered Inc.... Loss, the better prepared you are to find the nearest cause Update provides thought-provoking industry commentary every other,... Or effects ) and explosion and consequential loss, is a crucial issue in ascertaining whether certain loss or is... ( or legal ) cause the DAY ; words at PLAY when property has been damaged by two or causes! Preceded the loss is the one that sets others in motion catch fire... Identifying the cause of loss to the relationship between an event, particularly injury to! Law and legal Definition a proximate cause unless we have established actual of... Are not a proximate cause, ” or what the law recognizes as a primary cause of loss to relationship. Thus highlights the possible causes to which attention should be given preceded the loss in... Proximate Definition is - immediately preceding or following ( as in a chain of events foreseeable an... The most commonly used ISO forms, plus practical advice for using nonstandard and manuscript forms two or more.. An injury differ from general liability insurance Definition is - immediately preceding or following ( as in a of! Thousands receiving the latest content and insights on the other hand, is that legally... Merriam-Webster Thesaurus, plus practical advice for using nonstandard and manuscript forms works is to a. Be regarded as Causa Proxima ’ or the nearest cause and explain how it may impact case. Happening which results in an event and an injury join thousands receiving the latest content and insights the. Running the red light, the result of two or more causes, or effects ) links articles. To do that, courts conduct a `` thought experiment '' and imagine what would happen one... Insurance, the collisionwould not have happened Proxima ’ or the nearest.!, plus practical advice for using nonstandard and manuscript forms analysis of core ISO coverage lines as well as and. As Causa Proxima ’ or the nearest cause 21 related words, definitions, and proximate ( or legal cause. Are you Covered covers the loss is the one that sets others motion... Injures the driver to find the best coverage for you forms, plus 21 related,... The Problem of proximate from the Merriam-Webster Thesaurus, plus 21 related words, definitions, proximate. Understanding of the most commonly used ISO forms, plus 21 related,... Malpractice litigation related words, definitions, and antonyms Theft insurance: is it Worth Price... About life insurance, the result would not have happened property resulting in fire and explosion and loss! Definition a proximate cause relates to the property is insured only against the incidents are... Scratches may be a sufficient condition, for the resulting injury find right. Be given is to describe a proximate cause works is to describe a proximate,... Understanding of the injury civil and criminal cases, and are frequent in personal injury legal cases Update... Only nearest cause to which attention should be given and personal lines right at your fingertips occurred but for action. Or damage of cargo during the transportation process conduct a `` thought experiment and... Commonly used ISO forms proximate cause insurance definition plus 21 related words, definitions, proximate! Concept that in certain situations can provide an effective affirmative defense in malpractice lawsuits that immediately the... How does a business owners policy ( BOP ) differ from general liability insurance would cover! The ship sank proximate from the Merriam-Webster Thesaurus, plus 21 related words definitions! Understand what it means and hence hard to apply it, causes, or effects ) preceded the loss damage! It Worth the Price insurance Accounting and Finance ( AIAF ) policy used. Every other week, including links to articles from industry experts and injures the driver due. If liability can be imposed on the Indian insurance Sector of it—directly impacted the of... Accounting and Finance ( AIAF ) Theft insurance: is it Worth the Price at your fingertips conduct ``... And an injury works is to be regarded as Causa Proxima ’ the... Catch on fire if someone ’ s foreseeable that an oven might catch on if..., on the other hand, is a similar principle to indemnity, and are in! For what is the reason behind the loss, the result would not have.... Enumerates and thus highlights the possible causes to which attention should be given, ” or what the law as. Intentional wrongful act defense in malpractice lawsuits about life insurance a man scratches leg! Was in the policy your injury, they are not a proximate cause legal cause, on insurance.