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You are here: Home / glossary / Doctrine of Proximate Clause

Doctrine of Proximate Clause

Created OnMay 6, 2020
byCult of Sea
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Subject to Marine Insurance Act and unless the policy otherwise provides, an insurer is liable for any loss proximately caused by a peril insured against.

Where there is a chain of events leading to a loss, the proximate cause is the most dominant and effective cause, not the nearest cause in time.

For E.g.

A ship is scuttled, the nearest cause in time is the seawater entering the ship but the proximate cause is the act of scuttling.

Related:

  • Constructive Total Loss
  • Dreadage or Dreading Clause
  • Act of God
  • Arrived ship
  • Hague Rules and Hague-Visby Rules
  • Actual Total Loss

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