ABSTRACT

Whilst concurrent causation in itself is a real concept in insurance contract law, it is often difficult to ascertain in fact and define in law, typically in insurance cases. This chapter seeks to define the concept of concurrent causes in English insurance law and revisits the rules laid down where there are held to be two concurrent causes. It is submitted that a judicial reinterpretation of both Wayne Tank and The Miss Jay Jay is overdue, and that the focus should be on the interplay of causation and interpretation in the determination of insurance indemnity, no longer referring to the two cases as establishing legal principles of causation.