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Vol 22 No 7 July/August 2017

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Causation in Insurance Contract Law

ISBN13: 9780415704564
Published: July 2014
Publisher: Informa Law from Routledge
Country of Publication: UK
Format: Hardback
Price: £145.00

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This book aims to explain the complex issue of causation in insurance and tort law, offering explanations for exisiting inconsistencies and proposing clear approaches for professional lawyers dealing with causation.

Firstly it sets out the basic rules as developed through the considerable body of English case law, also paying attention to the frequent inconsistencies. Seondly the author considers typical scenarios within insurance law to observe the applications of causation rules. Finally an attempt will be made to propose systematic theories of causation in tort and insurance law respectively.

Marine Insurance law provides a good starting point for any enquiry into the causation theory in insurance law due to its historic development and significant influence on non-marine insurance law. Explanations for the apparent inconsistencies in marine insurance case law are presented, and coherent approaches have been identified. The book will extend these explanations offered in the context of marine insurance to non-marine insurance.

Insurance Law, Shipping, Transport and Maritime Law, Tort Law
1. Introduction written by Robert Merkin
2. Tests of Causation
3. Three Causes of Losses in Insurance Law
4. Intervening Clauses
5. Concurrent Causes
6. Burden of Proof
7. Conclusion