Page 304 - Ebook health insurance IC27
P. 304

The Insurance Times

     Proximate Cause
     The proximate cause can be 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 new and
     independent source".

     You might think it is a simple matter to determine what insuring against the perils of
     sickness actually means. The question we need to ask is 'where does the operation of
     these perils start and when does their effect end?' All contracts are subject to some
     conditions. Sometimes these will be specifically included in the contract and sometimes
     these will be implied.

     Often in insurance contracts, they will state that certain causes of loss are excluded or
     that certain results of a peril which is otherwise insured are excluded. There are a number
     of reasons why this may be so. The extra cover might warrant an additional charge or
     the peril may be one which the insurers regard as a fundamental risk and therefore not
     acceptable such as the risk of war.

     The proximate cause is not necessarily the first cause or the last cause: it is the dominant
     cause. We might describe it as the efficient or operative cause. If there are several
     causes operating, the proximate one will be the dominant one or the most forceful one
     operating to bring the result.

     In most cases there is no problem. For example a person suffers from a car accident

308  Guide for Health Insurance
   299   300   301   302   303   304   305   306   307   308   309