In this talk Professor Özlem Gürses 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?
Özlem Gürses is Professor of Commercial Law at King’s College London. She specialises in insurance andreinsurance law. Özlem is the author of Reinsuring Clauses (Informa), Marine Insurance Law (Routledge), Insuranceof Commercial Risks (Sweet and Maxwell), and The Compulsory Motor Vehicle Insurance (Informa) as well as manynumerous articles published on insurance and reinsurance related topics. Özlem sits in the British Insurance LawAssociation Committee and the Presidential Council of the International Insurance Law Association (AIDA). She isVice-Chair of the Reinsurance Working Party of AIDA. Özlem teaches insurance and reinsurance law at King’sCollege London and abroad, including the National University of Singapore, University of Hamburg and the World WorldMaritime University, Malmö.