Concurrent Causation in Insurance Contracts
Brewer Jr., William Conant
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- 1965Newman v. Great American Insurance N.J. Super. Ct. App. Div.
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Abstract
A great deal of work and thought has been devoted to concurrent causation problems in the field of torts. Less attention has been paid to the insurance cases, and no serious effort has been made to formulate the separate rules applicable to them. It is the thesis of this article that concurrent causation problems which arise under an insurance contract must be handled somewhat differently from those which arise in connection with tort litigation, and that the tendency to borrow rules of law from the larger tort field and apply them to the smaller volume of insurance cases can only retard the development of sound doctrine in the field of insurance law.