Description
Causation is a crucial and complex matter in ascertaining whether a particular loss or damage is covered in an insurance policy or in a tort claim, and is an issue that cannot be escaped.
Now in its second edition, this unique book assists practitioners in answering one of the most important questions faced in the handling of insurance and tort claims. Through extensive case law analysis, this book scrutinises the causation theory in marine insurance and non-marine insurance law, and provides a comparative study on the causation test in tort law. In addition, the author expertly applies causation questions in concrete scenarios, and ultimately, this book provides a single volume solution to a very complex but essential question of insurance law and tort law. Thoroughly revised and updated throughout to include the Insurance Act 2015, several landmark cases and potential impacts of the Covid-19 pandemic, the second edition also features an introduction re-written to clarify elementary and central questions of causation in insurance law and tort. Additionally, it also provides three brand new chapters on Factual Causation and Legal Causation, Causation and Interpretation, and Causation and Measure of Losses to provide a deeper and more thorough analysis, comparing academic approaches and juridical approaches to addressing causation issues in insurance claims.
This book is an invaluable and unique guide for insurance industry professionals, as well as legal practitioners, academics and students in the fields of insurance and tort law.
Table of Contents
Chapter One: Introduction to the Law of Insurance Causation. Chapter Two: Causation and Interpretation. Chapter Three: Tests of Causation in Insurance Contract Law. Chapter Four: But For Test in Tort. Chapter Five: Concurrent Causes. Chapter 6: Defining and Interpreting the Cause of Loss. Chapter 7: Seven Causation and Machinery for Qualifying Losses. Chapter 8: Eight Burden and Standard of Proof. Chapter 9: Causal Notions under Insurance Act 2015: beyond the proximate cause of loss
