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A limitation of liability clause is a provision in a contract that limits the amount of exposure a company faces in the event a lawsuit is filed or another claim is made. If found to be enforceable, a limitation of liability clause can cap the amount of potential damages to which a company is exposed. The limit may apply to all claims arising during the course of the contract, or it may apply only to certain types of causes of action.
Unfortunately, the majority of the damage was caused by the ensuing water leak, which is an excluded cause of loss under the insurance policy. But coverage likely exists under the efficient proximate cause doctrine. The efficient proximate cause doctrine is rooted in the Latin maxim causa proxima, non remota spectator. This maxim has been widely interpreted to mean, âthe immediate not the remote cause is considered.â 1. One of the leading and often quoted cases on the doctrine of proximate cause is Insurance Company v. Boon. 2 In Boon, the policy covered certain goods in a store building. It contained a provision exempting the insurer from liability for âloss or damage by fire which may happen or take place by means of any invasion, insurrection, riot or civil commotion, or of any military or usurped power.â