The University of Southampton
University of Southampton Institutional Repository

Rules of causation under marine insurance law from the perspective of marine risks and losses

Rules of causation under marine insurance law from the perspective of marine risks and losses
Rules of causation under marine insurance law from the perspective of marine risks and losses
Causation is a crucial issue in ascertaining whether certain loss or damage is covered in an insurance policy. Although marine insurance is well-known for investigating the “proximate” cause of loss in order to determine the insurers’ liability, decisions by English courts are far from reconcilable. The problem has been suggested to be the inference of matters of fact, and consequently, causal connection is deemed as a complex and uncertain issue.

In the light of incoherency and uncertainty of law in this respect, the value of this research lies in the effort to conceptualize and develop a set of consistent causation rules in the marine insurance context and to explore how perils themselves would affect the formation and application of causation rules. Essentially, the proximate cause in law should not remain as a mere open question of fact.

In order to achieve the merits, this dissertation scrutinises the causation theory itself and also the correlations between the perils involved in the policy. Introduction presents the legal problem of causation in marine insurance law and stresses the importance of setting up coherent and certain rules. The research on the pure causation theory consists of two chapters: Chapter One regarding the test of causation, i.e. the doctrine of proximity; and Chapter Two on concurrent causes. The subsequent three chapters concentrate on identifying the cause of loss from the nature and concepts of different marine risks. Chapter Three introduces marine perils and examines how causation rules apply in the case of a few typical insured and uninsured perils; Chapter Four and Chapter Five are concerned with exclusive researches on inherent vice and seaworthiness respectively. Apart from the substantive analysis on causation, burden of proof is addressed in the last chapter. Finally, the Conclusion provides a summary of the issues and the set of causation rules.
Song, Meixian
dd749d30-9452-4f3a-9b98-b75ae35aad24
Song, Meixian
dd749d30-9452-4f3a-9b98-b75ae35aad24
MERKIN, ROBERT
24964178-6170-4380-afb8-984a2764e54a

(2012) Rules of causation under marine insurance law from the perspective of marine risks and losses. University of Southampton, School of Law, Doctoral Thesis, 194pp.

Record type: Thesis (Doctoral)

Abstract

Causation is a crucial issue in ascertaining whether certain loss or damage is covered in an insurance policy. Although marine insurance is well-known for investigating the “proximate” cause of loss in order to determine the insurers’ liability, decisions by English courts are far from reconcilable. The problem has been suggested to be the inference of matters of fact, and consequently, causal connection is deemed as a complex and uncertain issue.

In the light of incoherency and uncertainty of law in this respect, the value of this research lies in the effort to conceptualize and develop a set of consistent causation rules in the marine insurance context and to explore how perils themselves would affect the formation and application of causation rules. Essentially, the proximate cause in law should not remain as a mere open question of fact.

In order to achieve the merits, this dissertation scrutinises the causation theory itself and also the correlations between the perils involved in the policy. Introduction presents the legal problem of causation in marine insurance law and stresses the importance of setting up coherent and certain rules. The research on the pure causation theory consists of two chapters: Chapter One regarding the test of causation, i.e. the doctrine of proximity; and Chapter Two on concurrent causes. The subsequent three chapters concentrate on identifying the cause of loss from the nature and concepts of different marine risks. Chapter Three introduces marine perils and examines how causation rules apply in the case of a few typical insured and uninsured perils; Chapter Four and Chapter Five are concerned with exclusive researches on inherent vice and seaworthiness respectively. Apart from the substantive analysis on causation, burden of proof is addressed in the last chapter. Finally, the Conclusion provides a summary of the issues and the set of causation rules.

PDF
Final_PhD_thesis_-_Meixian_Song.pdf - Other
Download (1MB)

More information

Published date: November 2012
Organisations: University of Southampton, Southampton Law School

Identifiers

Local EPrints ID: 345559
URI: http://eprints.soton.ac.uk/id/eprint/345559
PURE UUID: 0c2c3ccc-cc9b-443f-b495-1a08ea603546

Catalogue record

Date deposited: 26 Feb 2013 12:00
Last modified: 18 Jul 2017 05:09

Export record

Contributors

Author: Meixian Song
Thesis advisor: ROBERT MERKIN

University divisions

Download statistics

Downloads from ePrints over the past year. Other digital versions may also be available to download e.g. from the publisher's website.

View more statistics

Atom RSS 1.0 RSS 2.0

Contact ePrints Soton: eprints@soton.ac.uk

ePrints Soton supports OAI 2.0 with a base URL of http://eprints.soton.ac.uk/cgi/oai2

This repository has been built using EPrints software, developed at the University of Southampton, but available to everyone to use.

We use cookies to ensure that we give you the best experience on our website. If you continue without changing your settings, we will assume that you are happy to receive cookies on the University of Southampton website.

×