Joseph Story

“ It is a well-established principle of that law, that in all cases of loss, we are to attribute it to the proximate cause, and not to any remote cause; causa proxima non remota spectatur: and this has become a maxim, not only to govern other cases, but (as will be presently shown) to govern cases arising under policies of insurance. ”

“ If we look to the question, upon mere principle, without reference to authority, it is difficult to escape from the conclusion, that a loss by a peril insured against, and occasioned by negligence, is a loss within a marine policy ”

“ It is certainly somewhat remarkable, that the question now before us should never have been directly presented in the American or English courts; viz., whether, in a marine policy (as this may well enough be called) , where the risk of fire is taken, and the risk of barratry is not (as is the predicament of the present case) , a loss by fire, remotely caused by negligence, is a loss within the policy. But it is scarcely a matter of less surprise, considering the great length of time during which policies against both risks have been in constant use among merchants ”