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Marine Insurance Law


Page 204

Chapter 7

Causation and marine perils

Özlem Gürses


Page 205

As a general matter, when it is alleged that A is the consequence of B, the question to be considered is whether the facts as found are sufficient in law to justify a finding that the one is the consequence of the other.1 The legal standard that determines in law whether the loss for which the assured seeks compensation from the insurer came about due to a peril insured against is ‘the proximate cause' test.2 This test is codified by the MIA 1906 s. 55(1), which states

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