Causa Proxima Non Remota Spectator: The Doctrine of Causation in the Law of Marine Insurance

摘要

Since every event is the effect of some cause, causation is indeed a significant part in the law of insurance. Under a contract of marine insurance, as in any other contract of insurance, the question of causa proxima (or proximate cause) of a loss plays an important role. As a doctrine, causa proxima has been part of the law of marine insurance since the last century. Indemnification by the insurer is given not against the occurrence of the covered peril, but against the loss of or damage to the subject matter insured causally linked to perils covered in the manner required by the contractual terms of the policy. This qualification leads to some complex and troublesome considerations, but, for every insurance contract, the underlying principle is that a loss must be proximately caused by a peril insured against in order to establish the right of recovery by the assured. Causa proxima non remota spectatur (The proximate and not the remote cause must be looked into) is a maxim of causation long applied in marine insurance and general insurance alike. By this rule, the remote cause, which was formerly favored by the courts, is condemned. According to the superced-ed principle, causation of a loss was related to the event nearest in time and directly leading to such loss. If a ship foundered during a storm, for example, the cause of her loss was held to be the adverse weather, regardless of the presence of any other causes that might have contributed to her foundering.