Aggregation and Divisibility of Damage in England and Wales: Insurance

Abstract

This report has both a more limited and a wider focus than many of the others in this collection. It is narrower because it examines only the insurance aspects of the various causation and other issues highlighted by the research project. That is, it only deals with the matters raised in part IV of the Questionnaire. However, it is wider in that it forms part of a much larger study of the relationship between insurance and the tort system.1 In that study insurance is described as providing the “lifeblood” of the law of tort. Although the influence of insurance upon the common law rules is only partial, insurers are of vital importance to the system of compensation for personal injury as a whole. They administer the system and exercise considerable control over it. Without them the importance of tort law would be very much diminished.