That there is no stipulation in Chinese law leads to the difference judgment in litigation.In practice, the principle of proximate cause is applied in claiming damage and litigation.

• 我国保险相关立法对此未做明文规定,实务中,理赔与诉讼往往运用英美法上的近因原则,成文法的缺失导致实践中保险理赔的诉讼案件判决不一。