The Application And Limitation Of The Principle Of Proximate Cause In Insurance Law

This thesis aims to study the application and limitation of the principle of proximate cause in insurance law, including obstacles encountered in the process of application.In the solving process, it is important to clarify what the principle of proximate cause is.Although there is no integrated summarization of the the principle of proximate cause, there are a lot of related problems about it. Considering the underdevelopment of insurance law in China, this thesis has been hoped to regard as a reference for the trial of claim cases, which will contribute to achieving interests balance between the insurer and the insured so as to promote the insurance industry developing in a healthy and ordered way.This thesis has been divided into four chapters to tell the application and limitation of the principle of proximate cause. The first chapter summarizes the principle of proximate cause and its value. The second chapter introduces the identification and excluded conditions of the principle of proximate cause in applying process. The application of the principle of proximate cause includes following conditions. Firstly, if there is only one cause to the damage of the insurance object, then it is the proximate cause. Secondly, if there are several causes happening concurrently to the damage of the insurance object, then they are all the proximate cause. The insurer is only responsible for the compensation of the damage relevant to insurance accident. Thirdly, if there are a series causes happening continuously to the damage of the insurance object, then we should take the latest and effective cause as the proximate cause. Lastly, which conditions should newly involved causes satisfy, then they can be the proximate cause. The third chapter mainly tells about eliminated causes of the principle of proximate cause and how we should do to eliminate in the practice. I the writer think that there are two kinds of eliminated causes, including causes beyond provisions and causes influenced by the insured themselves. The fourth chapter analyses the limitation of the principle of proximate cause in applying process. It is mainly about the limitation of the principle of proximate cause in the legislation and application.