27. Proximate cause--In general
When two causes join in causing injury, one of which is insured against,
insured is covered by policy.
Zimmerman v. Continental Life Ins. Co. (App. 1 Dist. 1929) 99 Cal.App.
723, 279 P. 464.
Insurance 2590(1)
Under an insurance policy covering death from bodily injuries, which
independently of all other causes are effected solely and exclusively by
accidental means, if disease plays a part in the death of insured after an
accident, it is essential to recovery on the policy that such disease was
due to the accident.
Clarke v. New Amsterdam Cas. Co. (1919) 180 Cal. 76, 179 P. 195.
Insurance 2589(1)
In an action under policy covering death by accidental means exclusively,
where it appeared that insured was struck by an automobile resulting in
concussion of the brain, and consequently developed appendicitis and heart
disease, evidence sustained finding that proximate cause of death was
concussion of brain.
Clarke v. New Amsterdam Cas. Co. (1919) 180 Cal. 76, 179 P. 195.
Insurance 2607
If an accident was the proximate cause of drowning of insured, the nature
of accident was immaterial on the question of liability on an accident
policy.
Kinsey v. Pacific Mut. Life Ins. Co. of California (1918) 178 Cal. 153,
172 P. 1098.
Insurance 2590(1)
28. ---- Directly caused,
proximate
cause
Under accidental death and injury policy covering loss directly caused by
firing, misfiring, explosion or malfunction of rockets, missiles or their
respective fueling systems or any related accident, the term "directly
caused" was fairly synonymous with the term
proximately
caused.
O'Doan v. Insurance Co. of North America (App. 3 Dist. 1966) 52 Cal.Rptr.
184, 243 Cal.App.2d 71.
Insurance 2590(1)
29. ----
Preexisting conditions, proximate cause
Under policy providing benefits for death resulting directly from bodily
injury resulting through accidental means,
pre-existing
disease would not relieve insurer from liability if accident were
proximate
cause of death; and beneficiary could recover even though diseased
condition
appeared actually to contribute to cause of death if accident set in
progress a chain of events leading directly to death.
Happoldt v. Guardian Life Ins. Co. of America (App. 1 Dist. 1949) 90
Cal.App.2d 386, 203 P.2d 55.
Insurance 2589(1)
Under accident policy containing double indemnity provision, but providing
that policy should not cover injury or death caused wholly or partly,
directly or indirectly, by disease or mental infirmity, the presence of
pre-existing
disease or infirmity does not relieve insurer from liability if accident
is proximate
cause of death, and recover may be had on policy even though a
diseased or infirm
condition
appears to actually contribute to cause death if accident sets in progress
the chain of events leading directly to death.
Brooks v. Metropolitan Life Ins. Co. (1945) 27 Cal.2d 305, 163 P.2d 689.
Insurance 2589(1)
That insured was suffering from incurable cancer and was under influence
of narcotics given to relieve pain, and because of his weakened
condition
he may have been less able than a normal person to withstand effect of
injuries sustained in burning of building, did not preclude finding that
proximate
cause of his death was burns received in a fire of accidental
origin, within double indemnity clause of accident policy providing that
policy should not cover death caused wholly or partly, directly or
indirectly, by disease or mental infirmity or medical or surgical
treatment therefor.
Brooks v. Metropolitan Life Ins. Co. (1945) 27 Cal.2d 305, 163 P.2d 689.
Insurance 2589(1)
Under an insurance policy covering death by accidental means exclusively,
if the death of the insured was in part caused by heart disease, which was
not in fact caused by the accident, there could be no recovery.
Clarke v. New Amsterdam Cas. Co. (1919) 180 Cal. 76, 179 P. 195.
Insurance 2589(2)
West's Ann.Cal.Ins.Code § 10320