论保险法中“伞状”因果关系下“原因力”规则的适用

传统保险法运用“近因”理论对一因一果及“链状”因果关系探讨较多,其本质是寻找“有效的和居支配地位的原因”.但实践中往往存在“多项近因”,因果关系呈“伞状”特征.对于“伞状”因果关系下的保险责任问题,借鉴“原因力”规则是一种新的路径.具体适用时需根据原因力大小,将“伞状”因果关系细分为“复合原因”、“并存原因”和“混合原因”,再按照“绝对比例”规则,并与举证责任分配相结合,来解决是否赔付及赔付范围问题.

On application of the doctrine of causative potency under umbrella causation in insurance law

One cause for one result and chain causation has been discussed too much under the doctrine of proximate cause in the traditional insurance law system, the essence of which is to find the effective and dominant cause. However, plural proxi- mate causes often exist, tending to show umbrella characteristics. Application of the doctrine of causative potency can be in- structive to distribute insurance hability on the occasion of umbrella causation. Based on comparison of causative potency, umbrella causation is divided into three circumstances： composite causation, concurrent causation and mixed causation, un- der which the doctrine of absolute propo.rtion should be combined with distribution of burden of proof so as to determine to compensate or not and the scope of compensation.