Proximately caused definition

Proximately caused means a cause which in the natural and probable
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Proximately caused means a cause which in the natural and probable sequence produced the claimed injury and without which the claimed injury would not have been sustained.
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Proximately caused means there had to have been a
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Examples of Proximately caused in a sentence

  • Proximately caused actual injury to the claimant or his business Furr v.

  • Proximately caused by the employee's use of a controlled substance.

  • Proximately caused “loss and damage,” Plaintiff admits, is a necessary element of a claim under section 523(a)(2)(A).

  • Proximately caused by the employee's] That occurred while the employee was in a state of intoxication [.] [If the employee was intoxicated at the time of his or her injury, intoxication must be presumed to be a proximate cause unless rebutted by evidence to the contrary.] , unless the employee can prove by clear and convincing evidence that his or her state of intoxication was not the proximate cause of the injury.

  • Proximately caused by the employee’s use of a controlled or prohibited substance.

  • If the employee3 was intoxicated at the time of his or her injury, intoxication must be4 presumed to be a proximate cause unless rebutted by evidence to the5 contrary.6 (d) Proximately caused by the employee’s use of a controlled7 substance or prohibited substance.

  • Proximately caused by the employee's use] That occurred while the employee was under the influence of a controlled or prohibited substance [.] [If the employee had any] , unless the employee can prove by clear and convincing evidence that his or her being under the influence of a controlled or prohibited substance was not the proximate cause of the injury.

  • Proximately caused injury to the plaintiff COAs focused on the third element (finding that misrepresenting the terms of the policy was a deceptive act as a matter of law) Defendant argued that Plaintiff could not show causation without showing reliance on the misrepresentation Relying on Bumpers v.

  • Fraud requires 1) material misrepresentation 2) a false statement 3) made with knowledge or reckless ignorance of falsity 4) Relied upon by complaining party 5) Proximately caused complaining party’s injury.Unspoke Intention: Skrbina v.

  • Proximately caused by the employee’s use of a controlled substance.

Related to Proximately caused

  • Mysterious Disappearance means any disappearance of Property which, after a reasonable investigation has been conducted, cannot be explained.

  • Serious Misconduct means any misconduct identified as a ground for termination in the Motorola Code of Business Conduct, or the human resources policies, or other written policies or procedures.

  • Gross Misconduct means any act or omission of the Contractor in violation of the most elementary rules of diligence which a conscientious Contractor in the same position and under the same circumstance would have followed.

  • Homelessness or "homeless" means a condition where an

  • Mental, Nervous or Psychological Disorder means a mental or nervous health condition including, but not limited to: anxiety, depression, neurosis, phobia, psychosis; or any related physical manifestation.

  • Professional Misconduct means conduct inconsistent with the Act, this By-law, the Rules of Professional Conduct or the Standards and Guidelines of Practice that poses or may pose a risk of harm or loss to any person;

  • Medically incapacitated means a person who is incapacitated as a result of prescribed sedatives, anesthesia, or other medication.

  • Commercial cannabis activity means the production, cultivation,

  • Sexual misconduct means any verbal, nonverbal, written, or electronic communication, or any other act directed toward or with a student that is designed to establish a sexual relationship with the student, including a sexual invitation, dating or soliciting a date, engaging in sexual dialogue, making sexually suggestive comments, self-disclosure or physical exposure of a sexual or erotic nature, and any other sexual, indecent, or erotic contact with a student.

  • Serious means violations that either result in one or more neg- ative outcomes and significant actual harm to residents that does not constitute imminent danger, or there is a reasonable predictability of recurring actions, practices, situations, or incidents with potential for causing significant harm to a resident, or both.

  • Intentional for purposes of this Agreement, no act or failure to act on the part of the Executive shall be deemed to have been intentional if it was due primarily to an error in judgment or negligence. An act or failure to act on the Executive’s part shall be considered intentional if it is not in good faith and if it is without a reasonable belief that the action or failure to act is in the best interests of the Bank.

  • Child with a disability means a child who, by reason of any of the following, needs special education and related services:

  • Involuntary Termination means a termination of your employment with the Company pursuant to either (i) a termination initiated by the Company without Cause, or (ii) your resignation for Good Reason, and provided in either case such termination constitutes a Separation from Service. An Involuntary Termination does not include any other termination of your employment, including a termination due to your death or disability.

  • Mental retardation means a condition of arrested or incomplete development of mind of a person which is specially characterized by sub normality of intelligence;

  • Research misconduct means fabrication, falsification, or plagiarism in proposing, performing, or reviewing research, or in reporting research results. Research misconduct does not include honest error or differences of opinion. As used in this definition, (i) “fabrication” means making up data or results and recording or reporting them; (ii) “falsification” means manipulating research materials, equipment, or processes, or changing or omitting data or results such that the research is not accurately represented in the research record; and (iii) “plagiarism” means the appropriation of another person’s ideas, processes, results, or words without giving appropriate credit.

  • Substantial cause means Employee’s (1) failure to substantially perform Employee’s duties; (2) material breach of this Agreement; (3) misconduct, including but not limited to, use or possession of illegal drugs during work and/or any other action that is damaging or detrimental in a significant manner to the Company; (4) conviction of, or plea of guilty or nolo contendere to, a felony; or (5) failure to cooperate with, or any attempt to obstruct or improperly influence, any investigation authorized by the Board of Directors or any governmental or regulatory agency.

  • Catastrophic disability means a physical and not a psychological

  • Constructive Termination means:

  • Root Cause Analysis means a method of problem solving designed to identify the underlying causes of a problem. The focus of a root cause analysis is on systems, processes, and outcomes that require change to reduce the risk of harm.

  • Recurrent Disability means a Disability caused by an Injury or Sickness that is the same as, or related to, the cause of a prior Disability for which Monthly Benefits were payable. A Recurrent Disability will be treated as follows.

  • Mentally incapacitated means that a person is rendered temporarily incapable of appraising or controlling his or her conduct whether this condition is produced by illness, defect, the influence of a substance or from some other cause. S.C. Code Ann. § 16-3-651(f).

  • Malfeasance means with respect to any Entity or person, any act or omission which constitutes fraud, bad faith, willful misconduct or gross negligence, whether in respect of the Council or otherwise.

  • Substantial Breach means the following:

  • Permanent Disability means the Employee’s inability to perform the essential functions of the Employee’s position, with or without reasonable accommodation, for a period of at least 120 consecutive days because of a physical or mental impairment.

  • Mental disorder means any organic, mental, or emotional

  • Psychological care means direct or consultative services provided by a psychologist licensed in the state in which the psychologist practices.