Michael Murray

Note

The Law of Describing Accidents: A New Proposal for Determining the Number of Occurrences in Insurance

118 Yale L.J. 1484 (2009). 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...

May 27, 2009