APPROXIMATE REASON

 

The rule is to consider immediately rather than remote reasons. sed causa proxima non.. R-3mota spectator, that is, to see the closest cause rather than the distant cause. You can see the real reason m, 1st when paying for the loss. If the real cause of the loss is insured, the insurer is responsible for compensation; otherwise, the insurer may not be responsible for the loss. However, the closest reason is not the avc equipment, but the trouble of discovering the real reason or common sense reasons. Approximate cause refers to the active and effective cause, which causes a series of events to produce results without the intervention of any new independent source to initiate and actively work.

The determination of the real cause depends on the work and practice of insurance and the loss. The loss may not be caused by just one incident. There may be consistent rental reasons or chain reasons. They may appear in sequence or in the form of broken chains. Sometimes, certain reasons are accepted by the insurance contract, and the insurer is not responsible for the risks assumed.

The effective cause of loss is called the direct cause of loss. In order for the loss to be insured, the insurance policy must have an insured hazard as the direct cause of the loss, or the insured hazard must also occur in a causal chain linking the closest cause to the loss. The proximal cause is not necessarily the cause of the damage in time or in place, but is actually the cause of the loss.

Transfer or transfer of rights

It is necessary to distinguish between (a) the subject matter of the insurance, (b) the policy and (c) the distribution of the policy funds when they are payable.

Marine and life insurance policies can be transferred freely, but without the prior consent of the insurance company, the transfer under the fire and accident insurance policy is invalid. In addition, it must be allocated under the fire and accident policy according to the interests of the insured. Once he loses interest, the policy will lapse and cannot be allocated.

The life insurance policy can be distributed regardless of whether the transferee has an insurable interest. Life insurance policies are often collected, transferred or otherwise processed because they are valuable securities. Unless it contains a clause expressly prohibiting transfer, the ocean policy is freely transferable. If it is signed before or after loss. The marine policy can be distributed by endorsing it or in other customary ways. In practice, ocean freight policies are often blankly approved, and they actually become quasi-negotiable instruments. Therefore, it should be understood that since the insurance policy can be negotiated with other ownership documents through the bank, the convenience of commercial transactions is greatly increased.

Unless approved by the insurer, the transfer of fire insurance cannot be confirmed without the prior consent of the insurer. Unless with the consent of the insurer, the benefit of changing the fire insurance policy (unless by will or legal means) is invalid. The fire insurance policy is not transferable, and it is not intended to be transferred from one person to another without the consent of the insurer. The transfer of fire insurance constitutes a new contract.