BILA holds regular seminars on a wide variety of topics of interest to those working in insurance. All our talks are delivered by legal experts.
Please note all recordings and presentation slide decks are for the sole use of our Members and should not be shared, reproduced, distributed, published or transmitted in any form or by any means without the prior written permission of the British Insurance Law Association.
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In this talk Professor Ozlem Gurses will discuss the meaning of ‘proximate’ under the MIA 1906 s 55(1) (which is not confined to marine insurance). The talk will explore the adoption of the word ‘proximate’ by the pre-MIA 1906 cases which then led to the codification of the term under s 55(1) of the Act. It will discuss if the proximate cause rule has ever been the ‘last cause in time’ or whether its determination has always been a matter of construction of the way the loss has occurred and the policy terms. The talk will also question if there are any- differences between the words ‘attributable to’ and ‘caused by’ and it will explore the meaning of ‘concurrent independent and concurrent interdependent causes’. The talk will conclude on the two matters: is the word proximate misleading and if the so-called ‘concurrent causes’ rule is a theoretical analysis which finds little practical application in the authorities.
Özlem Gürses is Professor of Commercial Law at King’s College London. She specialises in insurance and reinsurance law. Özlem is the author of Reinsuring Clauses (Informa), Marine Insurance Law (Routledge), Insurance of Commercial Risks (Sweet and Maxwell), and The Compulsory Motor Vehicle Insurance (Informa) as well as numerous articles published on insurance and reinsurance related topics. Özlem sits in the British Insurance Law Association Committee and the Presidential Council of the International Insurance Law Association (AIDA). She is Vice-Chair of the Reinsurance Working Party of AIDA. Özlem teaches insurance and reinsurance law at King’s College London and abroad, including National University of Singapore, University of Hamburg and World Maritime University, Malmö.
Nathalie’s talk will cover developments in aggregation law and recent cases in this area.
Nathalie Koh, joined Fountain Court Chambers in October 2020 following the successful completion of her pupillage under the supervision of Ben Lynch QC and James Duffy. She is developing a broad commercial practice in line with chambers’ profile.
Nathalie graduated with a First Class degree in Law from the University of Oxford. She was awarded the Slaughter and May Prize, the Rajah & Tann LLP Prize, the Mander Law Prize, and the Michael Junior Scholarship. She later read for the BCL at Oxford, where she received the Princess Royal and Fountain Court Scholarships, as well as the Ralph Chiles Prize.
Prior to joining chambers, Nathalie was a teaching fellow at The Queen’s College (Oxford) in Trusts Law, and worked as a research assistant for the University of Oxford’s Faculty of Law on Chitty on Contracts, and Studies in the Contract Laws of Asia. She was also a legal adviser at Hackney Migrant Centre, working pro bono. Having grown up in Singapore, she is a native speaker of Mandarin Chinese and has a good understanding of the Asian markets.