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The Rule of Causa Proxima as a Principle of Insurance
Author(s) -
Manjeet Sahu
Publication year - 2014
Publication title -
kathmandu school of law review
Language(s) - English
Resource type - Journals
eISSN - 2773-8159
pISSN - 2091-2110
DOI - 10.46985/jms.v4i1.189
Subject(s) - causation , proximate and ultimate causation , phrase , subject matter , subject (documents) , political science , latin americans , kingdom , order (exchange) , insurance law , history , law , actuarial science , law and economics , economics , philosophy , insurance policy , computer science , general insurance , linguistics , finance , paleontology , library science , curriculum , biology
The rule of Causa promixa (proximate cause) is derived from a latin phrase causa proxima non remota spectator (the immediate, and not the remote cause is to be considered). This article highlights the significance of the rule of causa proxima which is a key principle of insurance and is concerned with how the loss or damage actually occurred and whether it is indeed a result of an insured peril. It primarily discusses about the emphasis laid on the test of proximate cause in Insurance Law, in order to identify the causation of the loss or damage. It makes an effort to substantiate the subject matter by looking into the trends of interpretation of the rule, including in countries like the United Kingdom, the United States, India and Canada.

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