Causation for AI Insurance

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ID: 328738
2026
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Abstract
Abstract This chapter argues that AI does not render English insurance causation doctrine obsolete, but makes its application evidentially and institutionally harder. It examines proximate causes, concurrent causes, remoteness, intervening acts, and burdens of proof across first-party and liability insurance, showing that AI opacity, partial autonomy, long value chains, and human–machine interaction complicate proof, causal characterization, and policy construction. The chapter further analyses transparency, explainability, and XAI as evidential aids rather than doctrinal preconditions, while stressing their limits for legal attribution. Drawing on English law and selected EU developments, including the AI Act, the revised Product Liability Directive, and the withdrawn AI Liability Directive proposal, it concludes that wholesale reform is unnecessary. The preferable response is targeted adaptation through better drafting, documentation, logging, disclosure, governance, and proportionate regulatory intervention so that insurance causation remains coherent, fair, and market workable in AI-intensive disputes.
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openalex_W7213408004 Use this key to autocite in the manuscript while using SciMatic Manuscript Manager or Thesis Manager
Authors
Journal Oxford University Press eBooks
Year 2026
DOI
10.1093/law/9780198953586.003.0005
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