[DOWNLOAD] "Julian v. Hartford Underwriters Insurance Company" by Colorado Supreme Court ~ eBook PDF Kindle ePub Free

eBook details

Title: Julian v. Hartford Underwriters Insurance Company
Author : Colorado Supreme Court
Release Date : January 05, 2005
Genre: Law,Books,Professional & Technical,
Pages : * pages
Size : 84 KB

Description

California Insurance Code section 530 provides that "[a]n insurer is liable for a loss of which a peril insured against was the proximate cause, although a peril not contemplated by the contract may have been a remote cause of the loss; but he is not liable for a loss of which the peril insured against was only a remote cause." We have construed section 530 as incorporating into California law the efficient proximate cause doctrine, an interpretive rule for first party insurance. (Sabella v. Wisler (1963) 59 Cal.2d 21, 31-33 (Sabella).) Pursuant to the efficient proximate cause doctrine, "When a loss is caused by a combination of a covered and specifically excluded risks, the loss is covered if the covered risk was the efficient proximate cause of the loss," but "the loss is not covered if the covered risk was only a remote cause of the loss, or the excluded risk was the efficient proximate, or predominate cause." (State Farm Fire & Casualty Co. v. Von Der Leith (1991) 54 Cal.3d 1123, 1131-1132.)