Practice question
A peril is expressly excepted, and the loss would not have occurred but for it. The immediate cause is not excepted. The parties stipulate Section 88 applies without another controlling issue. The insured says immediate cause alone necessarily defeats the exclusion. Which is best?
- Section 88 expressly addresses and excludes the stipulated loss despite the nonexcepted immediate cause
- Every nonexcepted immediate cause always erases every exception
- An express exception has no possible effect
- Only the number of causal events matters
- The statute requires ignoring the but-for finding
Legal references
- Insurance Code as amended by RA 10607: https://lawphil.net/statutes/repacts/ra2013/ra_10607_2013.html; Sections 86-88.
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