Property Insurance, Comprising Fire And Marine Insurance, Corporate Surety Bonding, Title Insurance, And Credit Insurance

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That which is only incidental and contributing is in no sense responsible for the disaster. " ' If, in such cases, the insurance company pays the claim, it becomes subrogated to the rights of the original insured, to reimburse himself through the collection of damages from the party whose negligence caused the loss. The company, how- ever, must prove that the proximate or real cause of the loss was the negligence of the party from whom they wish to collect damages.
Numerous cases arise, however
..., where the doctrine of proximate cause is not connected with the subject of subro- gation, but must be used to determine the liability of the insurance company itself. This is well illustrated in the case of The Lynn Gas and Electric Co. vs. The Meriden Fire Insurance Company (158 Mass., 570). Here the plaintiff was insured for a large amount under the Massachusetts standard fire-insurance policy, against direct loss or damage 1 D. Ostrander, "Law of Fire Insurance," p. 365, 98 FIRE INSURANCE by fire, and the policies of the several companies covered all the machinery and other property of the plant.

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