“近因原则是非1即O的保险责任认定,完全属保险责任为1,完全不属保险责任为0,而保险实务中,0和1之间往往存在不同程度的中间状态。这时,简单的因果关系论难以作出明确的责任认定,借用事故寄与度原则就可以有效地解决这一问题。”让我们从一个真实的案例说起:某居民甲为自己向某保险公司投保了一份意外伤害保险,在保险期间内,甲驾驶摩托车正常行驶时被一辆卡车撞成重伤,经抢救后虽暂时脱险,但车祸造成的右腿开放性骨折导致了败血症感染,进而引发肌肉坏死。 “Proximity due to the principle that non-O insurance liability that is entirely responsible for the insurance is 1, totally not insurance liability is 0, and insurance practice, between 0 and 1 often have varying degrees of intermediate state at this time, Simple causality theory is difficult to make a clear responsibility to identify, borrow the principle of accidental mailings and can be an effective solution to this problem. ”Let us start from a real case: a resident of a insurance company insured for a Accidental injury insurance, during the insurance period, a normal motorcycle driving a car was hit by a serious injury, although after the rescue temporarily out of danger, but the car accident caused by open fracture of the right leg leading to sepsis infection, which led to muscle necrosis .