The cause of loss must be direct and an insured one in order to claim for compensation. Which principle of insurance mean the above ?

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MH SET Paper-II: Commerce 7th April 2024
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  1. Principle of Indemnity
  2. Principle of Subrogation
  3. Principle of Causa proxima
  4. Principle of utmost good faith

Answer (Detailed Solution Below)

Option 3 : Principle of Causa proxima
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MH SET Paper 1: Held on 26th Sep 2021
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Detailed Solution

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The correct answer is - Principle of Causa Proxima

Key Points

  • Principle of Causa Proxima
    • This principle refers to the nearest or most immediate cause of a loss or damage.
    • In insurance, compensation is only provided if the direct and insured cause is responsible for the loss, not a remote or indirect cause.
    • For example, if a policyholder suffers damage due to a covered peril, like a fire, the insurer will compensate for the loss as the fire is the proximate cause.
    • It ensures that claims are settled based on the most relevant and direct cause, avoiding disputes over unrelated events.

Additional Information

  • Principle of Indemnity
    • This principle ensures that the insured is compensated only for the actual loss suffered, up to the policy's limit.
    • The purpose is to restore the insured to their original financial position before the loss occurred.
    • It is commonly applied in non-life insurance like property, motor, and health insurance.
  • Principle of Subrogation
    • After compensating the insured, the insurer gains the legal rights to recover the loss from a third party responsible for it.
    • For instance, if damage occurs due to a third party, the insurer can sue the third party to recover the amount paid to the insured.
  • Principle of Utmost Good Faith
    • This principle obligates both the insured and the insurer to disclose all material facts honestly at the time of signing the contract.
    • Failure to disclose relevant information can result in the policy being declared null and void.
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