Professional Documents
Culture Documents
Clarissa Moraga
Aria Castro
Monica Malilin
Sec 83-84
Loss - the injury or damage sustained by the insured in consequence of the happening
of one or more of the accidents or misfortune against which the insurer, in
consideration of the premium, has undertaken to indemnify the insured
Property Insurance
Total loss - the pecuniary detriment consisting the total cash value of the property
Partial loss - the reduction of the value thereof
Life Insurance - Loss occurs when the insured dies while in health insurance - loss
occurs in case of injury to or disability of the insured.
Proximate Cause - that cause which, in natural and continuous sequence, unbroken by
any efficient intervening cause, produces the injury, and without which the result would
have not occured.
Remote Cause - that cause which some independent force merely took advantage of to
accomplish something which is not the natural effect thereof.
Efficient Cause - the proximate cause to the loss, not necessarily in time, but in
efficiency.
Immediate Cause - suggests proximity in time to the loss - a situation where at least 2
causes are involved; one cause occurs after the other.
Peril insured against - the policy should be examined to determine what are the perils
insured against and the perils that are excluded.
Sec. 85
An insurer is liable where the thing insured is rescued from a peril insured against
that would otherwise have caused a loss, if, in the course of such rescue, the thing is
exposed to a peril not insured against, which permanently deprives the insured of its
possession, in whole or in part; or where a loss is caused by efforts to rescue the thing
insured from a peril insured against.
Sec 86
Where a peril is especially excepted in a contract of insurance, a loss, which would not
have occurred but for such peril, is thereby excepted although the immediate cause of
loss was a peril which was not excepted.
The insurer is not liable if the proximate cause of the loss is a peril from the policy
although the immediate cause of the loss was a peril which was not excepted.
Sec. 89
An insurer is not liable for a loss caused by the willful act or through the connivance of
the insured; but he is not exonerated by the negligence of the insured, or of the
insureds agents or others.
It is a basic rule in insurance that the carelessness and negligence of the insured or his
agents constitute no defense on the part of the insurer.
The gross negligence or recklessness on the part of the insured, the consequence of
which must have been palpably obvious to him at the time, will relieve the insurer from
liability.