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- Title
The Law of Describing Accidents: A New Proposal for Determining the Number of Occurrences in Insurance.
- Authors
Murray, Michael
- Abstract
This Note argues that the term "occurrence" in insurance law should be defined by reference to the statistical concept of independence. Most courts define occurrence according to a version of the "causation" theory. This approach, however, yields inconsistent results for strikingly similar fact patterns and routinely strains theories of proximate causation. The concept of independence provides a better approach because it is consistent with the insurance system's assumption that adverse outcomes are independent. It also provides a clearer standard for adjudicators and better explains why decisions that seem confused under current doctrine are, in fact, correct for the insurance system.
- Subjects
UNITED States; INSURANCE law; COMMERCIAL law; CAUSATION (Philosophy); INSURANCE; ACCIDENTS; SEPTEMBER 11 Terrorist Attacks, 2001; TERRORISM
- Publication
Yale Law Journal, 2009, Vol 118, Issue 7, p1484
- ISSN
0044-0094
- Publication type
Article