Millers Marine War Risks

Page 251


The proximate cause

The proximate cause

28.1 It is a fundamental principle of English law that the assured who seeks to establish a claim, or the underwriter who seeks to contest it, must first establish the facts of the casualty, and then show that the facts bring the casualty within the bounds of an insured peril, or in the case of the underwriter, within the bounds of an exclusion. These principles are too well known to need emphasis here, and a reader who desires to look into this aspect of the matter more closely will find the principles admirably explained by the learned authors of Arnould (19th edn), Chapter 22, particularly with regard to marine insurance.

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