| The rules on the judgment of the causation in insurance law are different from those in tort law in that they are related to only the establishment of liability, but not the scope of liability. When the causality can be determined, different rules on the determination of causality should be applied to different types of causal relations. In the case of a chain of events, the efficient proximate cause rule should be applied. In the case of concurrence, causal relations can be further divided into two different types:the dependent type and the reciprocal type. A cause that belongs to the dependent type is a sufficient condition, whereas a cause that belongs to the reciprocal type should be judged by the "but-for" test. Because the "but-for" test cannot affirm the establishment of an insurance liability in the positive sense, it is necessary to judge whether the insurer should bear the insurance liability by combining the "but-for" test with other responsibility judgment elements. When there are intervening factors in the causal process, it is necessary to consider whether the intervening factors break off the causal process. When the causation is obscure, it is necessary to first examine the blameworthy of both parties for the obscurity, then judge the liability of the insurer by means of the burden of proof or the transfer of burden of proof. If both parties are not accountable for the obscurity, the insurer should indemnify the claimant according to their respective proportions. Despite the fact that the judgment of the establishment of liability is based on the causation recognition, other factors should still be taken into consideration in drawing the conclusion. |
京公网安备11010102006664号 京ICP备2023015853号