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BILA Virtual Lecture Series - The Proximate Cause of Loss with Professor Özlem Gürses
In this talk Professor Ozlem Gurses will discuss the meaning of ‘proximate’ under the MIA 1906 s 55(1) (which is not confined to marine insurance). The talk will explore the adoption of the word ‘proximate’ by the pre-MIA 1906 cases which then led to the codification of the term under s 55(1) of the Act. It will discuss if the proximate cause rule has ever been the ‘last cause in time’ or whether its determination has always been a matter of construction of the way the loss has occurred and the policy terms. The talk will further explore what distinguishes the 'but for' test and 'the proximate cause', and the separation between ‘concurrent independent' and 'concurrent interdependent causes’. The talk will conclude on the two matters: (1) is the word 'proximate' misleading and (2) is the so-called ‘concurrent causes’ formula a theoretical analysis which finds little practical application in the authorities.?

Jan 24, 2022 01:00 PM in London

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