Wide-Area Damage and Applying the 'But For' Test Part 2
Better understand how attorneys and forensic accountants view these types of incidents with the second installment in this three-part series.
Editor’s Note: The discussion upon which this series is based took place prior to the FCA test case ruling in the U.K. that challenged the Orient Express Hotels v Generali judgment on concurrent causation. With that in mind, viewpoints post-FCA ruling are noted as such. As the appeals process in the FCA test case unfolds, this perspective may prove useful, as will the information presented about the ‘but for’ test from the perspective of measuring indemnifiable business interruption loss.
The ‘but for’ test is a commonly used paradigm to determine the legal or proximate cause of an injury or loss. In cases of wide-area damage caused by hurricanes and other natural disasters, the ‘but for’ test often comes into play as there are often many factors at play when an insured suffers a loss under these circumstances.
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