If there are two concurrent causes one falling within the policy, the other simply not covered by the terms of the policy, the insured may recover. For the purposes of a contract of insurance it is sufficient if an insured event is, in this sense, a co-operating cause of the loss. The proximate cause rule was based upon ‘the intention of the parties as expressed in the contract into which they have entered’, and is to be ‘applied with good sense so as to give effect to, and not to defeat, those intentions.’
Judges:
Lindley LJ
Citations:
[1894] 2 QB 548
Insurance
Updated: 15 May 2022; Ref: scu.462943