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CHAPTER 7 LOSS, CAUSATION AND BURDEN OF PROOF

Insurance Disputes

7

LOSS, CAUSATION AND BURDEN OF PROOF

CHRISTOPHER BUTCHER, QC

1. THE LOSS

The nature of a loss claimable under an indemnity policy


Page 187

7.1 A contract of indemnity insurance covers the insured against the risk of loss caused by a specified peril or perils. In addition, the contract very often identifies the subject-matter of the insurance—for example, specific property. In such cases, only loss to the insured deriving from an event affecting that subject-matter gives rise to a valid claim on the policy.

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