Insurer's liability under concurrent causation: English law and Chinese law compared
Insurer's liability under concurrent causation: English law and Chinese law compared
This paper examines the different regimes of insurer liability under concurrent causation in English law and Chinese law. The analysis shows that neither English law nor Chinese law is satisfactory in terms of the insurer's liability in such cases. It is argued that only one proximate cause should be identified among multiple causes except in the circumstance where an excluded risk and an insured risk concurrently and independently cause a loss of the subject matter insured. Under this exception, the liability in apportionment approach might be an appropriate solution to the question of the insurer's liability under concurrent causation. This approach, however, is not suggested for concurrent causation where an uninsured risk is one of the proximate causes.
concurrent causation, insurer's liability, liability in apportionment, sole proximate cause
120-136
Zhao, Liang
613edba3-09db-4b4e-a0ac-94ed7ff2cbda
1 March 2022
Zhao, Liang
613edba3-09db-4b4e-a0ac-94ed7ff2cbda
Zhao, Liang
(2022)
Insurer's liability under concurrent causation: English law and Chinese law compared.
Legal Studies, 42 (1), .
(doi:10.1017/lst.2021.31).
Abstract
This paper examines the different regimes of insurer liability under concurrent causation in English law and Chinese law. The analysis shows that neither English law nor Chinese law is satisfactory in terms of the insurer's liability in such cases. It is argued that only one proximate cause should be identified among multiple causes except in the circumstance where an excluded risk and an insured risk concurrently and independently cause a loss of the subject matter insured. Under this exception, the liability in apportionment approach might be an appropriate solution to the question of the insurer's liability under concurrent causation. This approach, however, is not suggested for concurrent causation where an uninsured risk is one of the proximate causes.
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insurers-liability-under-concurrent-causation-english-law-and-chinese-law-compared
More information
Accepted/In Press date: 26 April 2021
e-pub ahead of print date: 1 July 2021
Published date: 1 March 2022
Keywords:
concurrent causation, insurer's liability, liability in apportionment, sole proximate cause
Identifiers
Local EPrints ID: 450637
URI: http://eprints.soton.ac.uk/id/eprint/450637
ISSN: 0261-3875
PURE UUID: 619cb2d8-4b58-47dc-98e1-8b4e08f62b4c
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Date deposited: 05 Aug 2021 16:31
Last modified: 17 Mar 2024 04:01
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