In insurance, multiple causes occur at the same time, how to determine the proximate cause?

If the insured event is caused by multiple causes, almost simultaneously, it is impossible to distinguish the chronological order; If they are both decisive for the loss, then multiple causes are proximate.

1. Several reasons act at the same time, that is, they occur side by side. In this case, the proximate cause of the covered loss must be attributed to a decisively valid cause. That is, the reason is realistic, dominant, decisive and valid.

The other reason is not to cover the perils, which do not determine the occurrence of the loss, but only the severity and size of the loss.

2. Several causes inevitably occur in sequence with the initial cause. In this case, proximate cause is the closest result to loss in effect, not to the cause closest to loss in time.

3. Several causes occur one after another, but their causal chain is interrupted due to new intervening factors. If this new cause of intervention is realistic, dominant and effective, then the cause that preceded it is replaced by the new cause of intervention and becomes that the remote cause is not taken into account, and it does not matter whether the remote cause is an insured danger or not, and it is also immaterial that the loss would not have occurred without the remote cause. The proximate causes of losses are attributable to the causes of new interventions that are dominant and effective.

1. What is proximate cause: The so-called proximate cause does not refer to the cause that is closest to the loss in time or space, but refers to the most direct, effective and dominant cause of the loss. For example, a ship was flooded as a result of a torpedo, which sank the ship.

It would be unreasonable to conclude that the entry of seawater was the proximate cause on the ground that it was closest to the shipwreck in time. Therefore, when there are more than two causes of loss, and the causal relationship between each cause has not been interrupted, the cause that occurs first and causes a series of losses is the proximate cause.

2. Meaning of the principle of proximate cause: The principle of proximate cause determines the liability of the insurer to compensate for losses or pay insurance money as stated in the insurance contract. The basic meaning of this is that:

The first is to stipulate the method of determining the proximate cause; Second, in the relationship between the risk and the loss of the insured object, if the proximate cause is an insured risk, the insurer shall be liable for compensation. If the proximate cause is an excluded risk or an uninsured risk, the insurer shall not be liable for compensation.

3. Methods for determining proximate causes: (1) Starting from the initial event, according to logical reasoning, determine what the next event may be; Then, from the second event that may occur, according to logical reasoning, judge what the final event, that is, the loss, is. If the inference is consistent with the actual facts, then the initial event is the proximate cause of the loss.

ii) Start with the loss and trace it back to the front in order, at each stage according to the question "Why did this event happen?" Thinking about finding out the previous event. If the initial event is traced back to the original event and there is no interruption, then the initial event is the proximate cause.

For example, a storm blows down a power pole, a short circuit in the power line causes a spark, and a spark ignites the house, resulting in property damage. In this regard, no matter which of the above methods is used, we will find that there is an inevitable causal relationship between the storm, the power pole being blown down, the short circuit of the wire, and the spark.

There are two ways to determine the proximate cause of insurance confirmation:

1.Start with the initial event and reason logically.

Determine what the next event might be; Based on the second event that may occur, it is logical to determine what the final event, i.e., the loss, is, is. If the reasoning is consistent with what actually happened, then the initial event is the proximate cause.

2.Starting with the actual insured event, work backwards and forwards in order, and at each stage, find out the previous event according to the logic of "why this event happened". If the initial event is traced back and there is no interruption, then the initial event is the proximate cause.

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There is a direct causal relationship between the loss and the proximate cause.

Therefore, to determine proximate cause, it is first necessary to establish the causal relationship of the loss. There are two methods for determining causality: inferring the effect from the cause and inferring the cause from the effect. From the perspective of the determination of proximate cause and the determination of insurance liability, it can be divided into the following situations: the loss is caused by a single cause.

If the loss of the subject matter of the insurance is caused by a single cause, that cause is proximate. If the cause is an insured liability event, the insurer shall be liable for compensation; On the other hand, if the cause is exempted from liability, the insurer shall not be liable for compensation. The loss is due to a variety of brilliant causes.

If the loss suffered by the subject matter of the insurance is caused by two or more reasons, it should be analyzed separately.

a. Losses due to multiple reasons occurring at the same time.

If multiple causes occur at the same time without precedence, and all of them are proximate causes of the loss of the subject matter of insurance, they should be treated differently. If multiple causes of loss occur at the same time and are all insurance liabilities, the insurer shall be liable for all losses; If multiple causes of loss occur at the same time and are exempted from liability, the insurer shall not be liable for any loss; If multiple causes of losses occur at the same time and are not all insurance liabilities, a strict distinction should be made, and if the insurance liability and liability exemption can be distinguished, the insurer shall only be liable for compensation for the losses caused by the scope of insurance liability; If it is not possible to distinguish between insurance liability and liability exemption, no compensation will be paid.

b. Losses due to continuous occurrence of multiple reasons.

If multiple causes occur continuously and cause losses, and there is a causal relationship between antecedents and subsequent causes, and the causal relationship between the causes is not interrupted, then the cause that first occurs and causes a series of risk accidents is the proximate cause. The liability of the insurer can be determined based on the following circumstances:

First, if the multiple causes of the loss caused by the continuous occurrence are all insurance liability, the insurer shall be liable for all losses. If the ship is struck by lightning during transportation and caused by fire, since all three are insurance liabilities, the insurer and Lu Kuan shall be fully liable for all losses.

Second, if the multiple causes of loss caused by continuous occurrence fall within the scope of liability exemption, the insurer shall not be liable for compensation.

Third, if the multiple causes of loss caused by continuous occurrence are not all insurance liability, and the first cause is insurance liability, and then the subsequent cause is not exempted from liability, then the proximate cause is insurance liability and the insurer is liable for compensation.

Fourth, if the first cause is exempted from liability, and the subsequent cause is attributable to insurance liability, then the proximate cause is the exclusion item, and the insurer is not liable for compensation.

c. Losses due to intermittent occurrence of multiple reasons.

There are multiple causes of damage, they occur intermittently, and in a series of successive causes, there is a new independent cause that intervenes to break the original causal chain and lead to loss, then the new independent cause is proximate. If the proximate cause of an accident falls within the scope of insurance liability, the insurer shall be liable for compensation; Conversely, if the proximate cause does not fall within the scope of insurance liability, the insurer is not liable for compensation.

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Proximate cause in insurance is the most direct, effective and decisive cause of the occurrence of an insured event, rather than the closest cause in time or space. The insurance company is liable for insurance only when there is an insured event covered by proximate causes, and it is not liable for losses caused by reasons not covered by the insurance. According to the principle of proximate cause, when the risk accident insured by the insurer is the proximate cause of the loss of the insured object, the insurer shall be liable for compensation (payment).

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The proximate cause mentioned in insurance refers to the cause of the occurrence of the insured accident ( ) aSpatially recent.

b.The most recent in time.

c.Spatial and temporal are all recent.

d.Playing a leading or dominating role.

See the answer explained.

pants and [correct answer] d

Answer Analysis] This question examines the principle of proximate causes. The so-called proximate cause refers to the most direct and effective cause of the loss, which does not refer to the cause closest to the occurrence of the loss in time and space, but refers to the direct and inevitable connection between the cause and the effect. If there are several causes at work, then the proximate cause is the one that is dominant and decisive.

1. The relationship judged by the principle of proximate cause of insurance is the causal relationship between the risk accident and the loss of the subject matter of insurance.

2. The principle of proximate cause and closure refers to a basic principle for determining the causal relationship between the accident and the loss of the subject matter of the insurance, so as to determine the liability for insurance compensation, and is the principle followed by the parties to the insurance when dealing with insurance cases or court hearings of litigation cases related to insurance compensation, investigating the cause of the incident and determining the attribution of the liability for the incident.

1. The relationship judged by the principle of proximate cause of insurance is the causal relationship between the risk accident and the loss of the insurance subject.

2. The principle of proximate cause refers to the principle of determining the direct causal relationship between the risk accident and the loss of the subject matter of the insurance, so as to determine the liability for insurance compensation, and is the principle followed by the insurance parties when dealing with insurance cases or court hearings of litigation cases related to insurance compensation.

The proximate cause of the insured loss is defined as the occurrence of the insured event ().

a.The reason for the most troublesome time to get close to the loss.

b.The first cause of the occurrence of losses.

c.Spatially closest to the cause of loss.

d.The most direct, the most liquid knows the reason for the effect of the slap and plays a dominant or dominant role.

Correct answer: d