Causation in Insurance Contract Law (Contemporary Commercial Law)

Cover
Half Title
Series Page
Title Page
Copyright Page
Dedication
Table of Contents
Foreword
Preface
Table of Cases
Table of Legislation
Chapter 1 Introduction to the law of insurance causation
Chapter 2 Causation and interpretation
	Introduction
	2.1 Theoretical accounts of causation in the law
		2.1.1 Is there common-sense causation?
		2.1.2 Actual causation
		2.1.3 The bifurcation of cause-in-fact and cause-in-law
	2.2 Juridical approaches to causation issues
		2.2.1 Textual interpretation
		2.2.2 Contextual interpretation and common-sense principles
	2.3 The relationship between interpretation and causation
	Concluding remarks
Chapter 3 Tests of causation in insurance contract law
	Introduction
	3.1 Nature of insurance and insurance causation
	3.2 Historical development of tests of causation in English marine insurance case law
		3.2.1 Prior to the Marine Insurance Act 1906
		3.2.2 After the Marine Insurance Act 1906
	3.3 Causal terminology: shades of semantic difference
		3.3.1 Scalarity of causation
		3.3.2 Variations of “caused by”
		3.3.3 Contractual variations as to “proximately”
	3.4 Intervening causes (again)
	3.5 Counterfactual dependence in insurance causation
	3.6 The inevitable consequence test
Chapter 4 But-for test in tort
	Introduction
	4.1 How does the basic but-for test operate?
		4.1.1 One tort
		4.1.2 Successive torts
	4.2 When the but-for test fails
		4.2.1 Material contribution to injury
		4.2.2 Material increase to risk
		4.2.3 Loss of chance
	4.3 Tort and liability insurance
	4.4 Foreseeability: ending a causal chain
Chapter 5 Concurrent causes
	Introduction
	5.1 Room for concurrent causes
	5.2 Definitions of concurrent cause
		5.2.1 Some baselines
		5.2.2 Two independent perils of equal efficiency?
		5.2.3 Cumulative damage
	5.3 Rules established by case law
		5.3.1 Insured peril concurrent with uninsured peril
		5.3.2 Insured peril and excluded peril
		5.3.3 Internal causes and external causes
	5.4 Insurance recovery of concurrent causes
		5.4.1 All or nothing
		5.4.2 Proportionate remedy
		5.4.3 Anti-concurrent causes clause
Chapter 6 Defining and interpreting the cause of loss
	Introduction
	6.1 All-risk insurance
	6.2 Marine risks
		6.2.1 Maritime perils
		6.2.2 Perils of the sea
		6.2.3 The Inchmaree Clause – “due diligence proviso”
		6.2.4 Unseaworthiness as a cause of loss
	6.3 Non-marine risks
		6.3.1 Life cover: accidents
		6.3.2 Liability insurance: fault or negligence of the assureds
		6.3.3 Business interruption cover: the FCA test case and subsequent decisions
		6.3.4 Reinsurance: an occurrence
	6.4 Common exclusions
		6.4.1 Wilful misconduct of the assureds
		6.4.2 Delay
		6.4.3 Nature of the subject matter insured
	6.5 Apprehension of peril and mitigation measures
Chapter 7 Causation and machinery for qualifying losses
	Introduction
	7.1 The machinery of calculating losses
	7.2 Aggregation of losses
	7.3 Assessment of quantum in the cases of COVID-19-related BI cover
Chapter 8 Burden and standard of proof
	8.1 Balance of probabilities in insurance causation
	8.2 Burden of proof on assured
	8.3 Burden of proof on insurers
	8.4 Generic perils: all-risk
	8.5 Unexplainable losses
		8.5.1 Unexplainability
		8.5.2 Presumptions as to burden of proof in unexplainable losses
		8.5.3 Mysterious disappearance clauses
Chapter 9 Causal notions under Insurance Act 2015: Beyond the proximate cause of loss
	Introduction
	9.1 Breaching terms of insurance contracts
	9.2 Assured’s duty of fair presentation
	9.3 Fraudulent claims vs collateral lies
Index