Causation or correlation: the chimera in section 11 of the Insurance Act 2015

Abstract Prior to the Insurance Act 2015, an insurer could refuse payment by relying on terms unrelated manner in which loss occurred, or with assured's default. Section 11 of 2015 reverses that and requires ‘the punishment fit crime’ introducing a ‘could have increased risk’ test, is said be requirement for correlation between non-compliance risk clause actual occurrence loss. The new test effectively raises more profound causation issues from practical point view as regards insurance recoveries also theoretical law. It submitted introduced section should interpreted approach recognising nexus – general causal relevance (general causation) adopting interpretation restricting tool, achieve alignment legislative intent. In presenting this argument, paper explores difference law, expounding wider understanding legal than causa proxima context.