Principles of insurance

Problem A construction worker negligently leaves the cover off a manhole, and a careless driver negligently clips a pedestrian, forcing the pedestrian to fall into the open manhole. Who will be liable for the injury to the pedestrian ? The construction worker or the careless driver????

Was the loss caused by the peril insured against The doctrine of proximate cause must be applied for the purposes of ascertaining whether the loss was caused by the peril insured against. Its application will vary according as to whether- The last cause is the peril insured against. The peril insured against is not the last but preceding cause. The causes are concurrent and independent.

Where the last cause is the peril insured against(PIA) Where the last cause of the successive causes happens to be the peril insured against the loss is caused by the peril insured against. There in no necessity to inquire into the preceding causes and to ascertain which of them brought the peril into operation, unless the further question arises whether the peril was caused by an excepted cause.

WHERE PIA IS NOT THE LAST BUT PRECEDING CAUSE Connection between the two causes have to consider It is necessary to distinguish between two cases- – Where the sequence of causes is uninterrupted – Where the sequence of causes is interrupted.

Where the sequence of causes is uninterrupted Where an accidental fall, whether from a horse or otherwise is followed by disease which is either caused by the fall itself or directly attributable to the weak condition of the assured in consequence of the fall. Whether death caused by the disease or by the accidental fall?

Where the sequence of causes is uninterrupted Death due to surgical operation rendered necessary by the accident.(Fitton v. Accidental Death Insurance Co.) A scratch may produce septicemia, which develops into septic- pneumonia resulting in death.(Mardorf v.Accidental Insurance Co.)

Where the sequence of causes is interrupted Where a person weakened by a railway accident is run over in the street by bus which owing to his weakness,he is unable to avoid. (Isitt v. Railway passenger`s Assurance co.) What is the reason of his death? Death due to the railway accident or an extraneous and independent cause, the street accident

Where the causes are concurrent and independent The assured is drowned while bathing. He fell into the water in a fainting fit and the water into which he fell was so shallow that he could not have been drowned if he had not remained unconscious. Whether his death is caused by accident? Where the assured is injured in an accident and whilst confined to his room, catches a cold, which in consequence of his weak state of health, develops into pneumonia and ends fatally by death. What is the reason of his death?

Loss caused by an expected cause The doctrine of proximate cause must be applied for the purpose of ascertaining whether the loss caused by an excepted cause. Its application will vary according as to whether- – The excepted cause precedes the peril insured against. – The peril insured against precedes an excepted cause. – The causes are concurrent and independent.

Excepted cause- uninterrupted A farmer who is neither short-sighted nor deaf, attempting in broad daylight to cross a railway main line of an approaching train, which he ought to have noticed. He is killed by the train, so his death caused by accident. (Cornish v. Accidental Insurance Co. Ltd.) Whether the farmer can claim under accidental insurance? Whether it is attributable to his want of care and falls within the scope of an exception relating to the exposure to obvious risk of injury?

interrupted Where a person who has been injured by shell in time of war is killed by a passing car, because owing to his crippled condition, he is unable to get out of the way. What is the reason of his death?

pia precedes an excepted cause. Where an accident is followed in the ordinary course of events without the intervention of any extraneous cause,by a disease causing death,the death is caused by the accident not by the disease, it is immaterial that the particular disease is excepted by the policy. Where a man is weakened by an accident is attacked by a disease wholly unconnected with the accident. Which causes death? Disease or Accident?

Modification of the doctrine By the terms in which the exception is framed modify the application of the doctrine or exclude it altogether and the assured may be disentitled from recovering although the loss is only remotely caused by the excepted cause.

Problem Where the assured an officer in command of soldiers guarding a railway, is killed by a train whilst inspecting his men at a time when it is exceptionally dark owing to the lights being obscured under military regulations. What is the cause of his death?