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Judgment of Proximate Cause and Application of Proximate Cause Principle in the Existence of Inserted Cause —Reflection on Insurance Claim Dispute over Engine Damage Caused by Water Infiltration of Insured Motor Vehicle in Rainstorm

Zhao Yuan-da ( School of Finance,Dongbei University of Finance and Economics,Liaoning Dalian 116025)  
This article upheld the point of view that the exclusion clause about engine damage caused by water in- filtration in current motor vehicle insurance terms didn’t constitute a limitation of the scope of application of proxi- mate cause principle,nor did the paper agree with the simplified practice which took rainstorm as the inevitable or sole proximate cause of engine damage of insured motor vehicle. This paper,however,argued that we should analyze the proximate cause of damage from the actual situation of each case,and put forward the method of proximate cause judgment and responsibility confirmation with the existence of inserted cause. Due to the importance of the evidence in deciding the proximate cause and the responsibility,the article also discussed the allocation of burden of proof, content of proof and responsibility of the court in evidence collection in the case of dispute over the engine damage of insured motor vehicle under the condition of rainstorm.
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