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CHAPTER 19 CAUSATION

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

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