Bestuur
Vol 9, No 2 (2021): Bestuur

A Critical Analysis of Causation Rules in Marine Insurance

Bima Manopo (Faculty of Law, University of Exeter)
Robert Merkin QC (Faculty of Law, University of Exete)



Article Info

Publish Date
24 Nov 2021

Abstract

The United Kingdom has regulated Marine Insurance in great detail in some laws and regulations, but these regulations do not seem to have been fully implemented. This study will discuss the Causation Rules in Marine Insurance. More specifically, this article has looked at the impact of the development of the causation rules in marine insurance after implementing MIA 1906. This study argues that the efficiency test is now be regarded as a historical precedent of the causation rules. What is clear is that the operation of the efficiency test alters the rule which previously relied on a question of law by looking at the latest cause of the loss to recognize a question of fact by measuring the most predominant cause of the loss. However, it does not mean that the newest cause of the loss is automatically disregarded. An immediate cause may be proximate if it has an efficient and predominant effect to cause the loss.

Copyrights © 2021






Journal Info

Abbrev

bestuur

Publisher

Subject

Humanities Environmental Science Law, Crime, Criminology & Criminal Justice Public Health Social Sciences

Description

The focus of BESTUUR is publishing the manuscript of outcome study, and conceptual ideas which specific in the sector of Administrative Law. BESTUUR aims to provide a forum for lectures and researchers on applied law science to publish the original articles. The scope of BESTUUR interested in topics ...