Concurrent Causation in Insurance – A Comparative Study Between England and France

Abstract

This paper aims to define and outline the legal framework governing whether insurers’ liability, and therefore insurance coverage, remains valid in the presence of concurrent causations. It uses a comparative qualitative methodology, with an analysis of case law, statute, and academic literature to attempt to understand where responsibility lies and whether the apparent simplicity of the French Civil law contains useful legislation that could be applied to future reforms for English and Welsh law. The paper aims to find that the law in England and Wales lacks clarity and strong precedent. There is an overlap between insurance law and liability, and the complexity with respect to concurrent causation affects the validity of many insurance claims. This causes legal difficulties where insurance claims cannot easily be concluded. The paper recommends reform to the law of England and Wales to adopt a legal principle similar to French civil law, where damage is fully compensated, regardless of cause, removing the complexity of concurrent causation entirely, providing better consumer support, and reducing a drain on court resources by speeding up processes.