Apologies as Canaries-tortious liability in negligence and insurance in the 21st century

Insurance is always in the background of tort liability and liability insurance contracts often have clauses which make the contract void if the insured makes an admission against interest. This is traditionally taken to include an apology. It is not absolutely clear that an apology is such an interest. The relationship between insurance and apologies is challenging and the paper argues that what is vital is congruence between the liability regime and the insurance regime . The apology can show whether such congruence exists – thus operating as the canary in the coalmine.


in Kit Barker et al (eds)  Private Law in the 21st Century, Hart Publishing, 2016.

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