Causation between an insured risk and the loss is a required element for the policyholder to recover, as well as for the insurer who seeks to rely on an excluded risk to refuse to pay for the loss. This being said, the identification of the effective causes of a loss rests upon the application of causation tests which vary among jurisdictions, and is further complicated by the presence of multiple causes which requires rules to determine whether or not recovery must be allowed.
The chapters in this book attempt to address these challenges with a comparative and holistic approach. They spring from the seminar entitled 'Causation in Insurance' jointly organised by Dr. Nüsret Semahat Arsel International Business Law Implementation and Research Center (NASAMER) and the Turkish Insurance Law Association, which was held on 28 March 2018 at Koç University Research Center for Anatolian Civilizations (ANAMED).
TABLE OF CONTENT
Causation in Turkish and English Insurance Laws:
Approaches By Courts and Challenges
Dr. Ayşegül BUĞRA
Causation in Australian Insurance Law
Greg PYNT
Causation in Private Law
Gökçe KURTULAN, LL.M.
Some Problems Related to Causation in Turkish Insurance Law
Prof. Dr. Samim ÜNAN
TABLE OF CONTENT
Causation in Turkish and English Insurance Laws:
Approaches By Courts and Challenges
Dr. Ayşegül BUĞRA
Causation in Australian Insurance Law
Greg PYNT
Causation in Private Law
Gökçe KURTULAN, LL.M.
Some Problems Related to Causation in Turkish Insurance Law
Prof. Dr. Samim ÜNAN