The Principle Of Proximate Cause Of Insurance Law Applies

With the development of socialism with Chinese characteristics in the new era,there are more and more cases applying the principle of proximate cause in insurance contract cases.Although the principle of proximate cause is not clearly stipulated in the insurance law of our country,but it is an indisputable fact that judicature first,many courts begin to use the principle of proximate cause to determine the risk liability of the insurer and deal with insurance contract cases,but the application of the principle of proximate cause is often controversial in practice.In this paper,literature analysis,case analysis and comparative analysis are adopted to analyze and study the application of the principle of proximate cause,and on this basis,some Suggestions on the application of the principle of proximate cause are put forward.The concept of recency is still controversial,but mainstream scholars have recognized that the most direct,most effective and decisive elements are the essential elements of recency.In fact,there are two defects in the concept of proximate cause.The first is that proximate cause itself does not bear legal responsibility.Secondly,in the case of single consistent loss,there is no proximate cause.The major premise of the existence of proximate cause is the occurrence of two or more causes.The application of the principle of proximate cause is the most complicated in theory and the most controversial.Especially when multiple reasons occur simultaneously,some scholars advocate underwriting risk priority,some scholars advocate exclusion liability priority,and also include the rules of proportion,allocation and exclusivity.A variety of causes occur continuously.The antecedents are the insurable or excluded risks,while the antecedents are the underwriting risks.According to the views of many scholars,the antecedents are the proximate causes,and the insurer is not liable for compensation.In fact,although the former cause as the proximate cause does not belong to the underwriting risk,the latter cause as long as it belongs to the underwriting scope of the insurance contract can still be the reason for compensation.In the case that the former cause is blocked by the latter cause,the latter cause is the proximate cause.The mainstream view is that the former cause does not belong to the scope of claim,and only the latter cause is responsible.There are obvious flaws in this view.The assumption of risk responsibility should not be based on the criterion of previous cause,subsequent cause or proximate cause.Whether the interrupted antecedents bear the responsibility depends on the influence they have on the result.In practice,there are many difficulties in the application of the principle of proximate cause.First,it is impossible to distinguish the principle of proximate cause from causation.Properly dealing with these problems can clear many obstacles for the application of the principle of proximate cause of insurance law in practice,so as to effectively solve the disputes over insurance contracts.