i-law

Marine Insurance: Law and Practice

CHAPTER 19

CAUSATION

Introduction

19.1 There may be many factors contributing to an event and its consequences. Rules of causation provide a means of distinguishing between those causes which trigger liability and give rise to certain defences in accordance with the contractual relationship between assured and insurer.1 In general, whether or not a loss is covered by a marine policy depends on ascertaining its proximate cause.2 The burden is on the claimant to prove his case, so, if he fails to prove on a balance of probabilities that he has suffered a loss caused by an insured peril, his claim will fail, regardless of whether or not, and to what extent, the defendant can adduce an explanation for the loss.3

The rest of this document is only available to i-law.com online subscribers.

If you are already a subscriber, click Log In button.

Copyright © 2024 Maritime Insights & Intelligence Limited. Maritime Insights & Intelligence Limited is registered in England and Wales with company number 13831625 and address 5th Floor, 10 St Bride Street, London, EC4A 4AD, United Kingdom. Lloyd's List Intelligence is a trading name of Maritime Insights & Intelligence Limited.

Lloyd's is the registered trademark of the Society Incorporated by the Lloyd's Act 1871 by the name of Lloyd's.