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Author : Gerhard Wagner
Publisher : Taylor & Francis
ISBN 13 : 9783211244821
Total Pages : 376 pages
Book Rating : 4.2/5 (448 download)
Download or read book Tort Law and Liability Insurance written by Gerhard Wagner and published by Taylor & Francis. This book was released on 2005-10-27 with total page 376 pages. Available in PDF, EPUB and Kindle. Book excerpt: With contributions by numerous experts
Author : Kenneth S. Abraham
Publisher : Harvard University Press
ISBN 13 : 0674265548
Total Pages : 287 pages
Book Rating : 4.6/5 (742 download)
Download or read book The Liability Century written by Kenneth S. Abraham and published by Harvard University Press. This book was released on 2008-03-31 with total page 287 pages. Available in PDF, EPUB and Kindle. Book excerpt: Kenneth Abraham explores the development and interdependency of the tort liability regime and the insurance system in the United States during the twentieth century and beyond, including the events of September 11, 2001. From its beginning late in the nineteenth century, the availability of liability insurance led to the creation of new forms of liability, heavily influenced expansion of the liabilities that already existed, and continually promoted increases in the amount of money that was awarded in tort suits. A “liability-and-insurance spiral” emerged, in which the availability of liability insurance encouraged the imposition of more liability, and, in turn, the imposition of liability encouraged the further spread of insurance. Liability insurance was not merely a source of funding for ever-greater amounts of tort liability. Liability insurers came to dominate tort litigation. They defended lawsuits against their policyholders, and they decided which cases to settle, fight, or appeal. The very idea behind insurance––that spreading losses among large numbers of policyholders is desirable––came to influence the ideology of tort law. To serve the aim of loss spreading, liability had to expand. Today the tort liability and insurance systems constantly interact, and to reform one the role of the other must be fully understood.
Author : Ronald Aberdeen Anderson
Publisher :
ISBN 13 :
Total Pages : 272 pages
Book Rating : 4.F/5 ( download)
Download or read book The Insurer's Tort Law written by Ronald Aberdeen Anderson and published by . This book was released on 1971 with total page 272 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Pat Magarick
Publisher :
ISBN 13 :
Total Pages : 1580 pages
Book Rating : 4.F/5 ( download)
Download or read book Excess Liability written by Pat Magarick and published by . This book was released on 1989 with total page 1580 pages. Available in PDF, EPUB and Kindle. Book excerpt: This new edition of the text offers guidance on punitive damages, failure of good faith by the insured, insolvency or bankruptcy of the primary insurer, expert testimony, and other topics. It reflects the latest trends in the area, and provides checklists for bad faith or negligence review and for investigation of excess liability claims.
Author : Kyle D. Logue
Publisher :
ISBN 13 :
Total Pages : 0 pages
Book Rating : 4.:/5 (137 download)
Download or read book Encouraging Insurers to Regulate written by Kyle D. Logue and published by . This book was released on 2017 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Insurance companies are financially responsible for a substantial portion of the losses associated with risky activities in the economy. The more insurers can lower the risks posed by their insureds, the more competitively they can price their policies, and the more customers they can attract. Thus, competition forces insurers to be private regulators of risk. To that end, insurers deploy a range of techniques to encourage their insureds to reduce the risks of their insured activities, from charging experience-rated premiums to giving special premium discounts to insureds who make specific behavioral changes designed to reduce risk. Somewhat paradoxically, however, tort law discourages insurers from engaging in the direct regulation of their insureds' behavior. Under longstanding tort principles, if an insurer “undertakes” to provide serious risk-reduction services to an insured, the insurer can be found to have a duty of reasonable care and, should that duty be breached, held liable for any harms caused to third parties. This application of tort principles to insurance companies could be contributing to the moral hazard problem often associated with insurance -- the tendency of insurance to cause risk to increase rather than decrease. This Article explores this problem and analyzes a number of ways to encourage insurers to regulate -- from insurer-specific Good Samaritan statutes (which we might call a “carrot”) to the expansion of tort principles to create an affirmative duty on the part of insurers to regulate (which would definitely be a “stick”). What combination of carrots and sticks produces the optimal insurer incentives to regulate their insureds' behavior? That is the question the Article addresses.
Author :
Publisher : The American Assembly
ISBN 13 :
Total Pages : 20 pages
Book Rating : 4./5 ( download)
Download or read book Tort Law And The Public Interest Compeition, Innovation and the Consumer Welfare written by and published by The American Assembly. This book was released on with total page 20 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Colin F. Camerer
Publisher : Springer Science & Business Media
ISBN 13 : 9401121923
Total Pages : 134 pages
Book Rating : 4.4/5 (11 download)
Download or read book Making Decisions About Liability And Insurance written by Colin F. Camerer and published by Springer Science & Business Media. This book was released on 2012-12-06 with total page 134 pages. Available in PDF, EPUB and Kindle. Book excerpt: Two related trends have created novel challenges for managing risk in the United States. The first trend is a series of dramatic changes in liability law as tort law has expanded to assign liability to defendants for reasons other than negligence. The unpredictability of future costs induced by changes in tort law may be partly responsible for the second major trend known as the `liability crisis' - the disappearance of liability protection in markets for particularly unpredictable risks. This book examines decisions people make about insurance and liability. An understanding of such decision making may help explain why the insurance crisis resulted from the new interpretations of tort law and what to do about it. The articles cover three kinds of decisions: consumer decisions to purchase insurance; insurer decisions about coverage they offer; and the decisions of the public about the liability rules they prefer, which are reflected in legislation and regulation. For each of these three kinds of decisions, normative theories such as expected utility theory can be used as benchmarks against which actual decisions are judged.
Author : Glanville Llewelyn Williams
Publisher : Lexis Law Publishing (Va)
ISBN 13 :
Total Pages : 266 pages
Book Rating : 4.F/5 ( download)
Download or read book Foundations of the Law of Tort written by Glanville Llewelyn Williams and published by Lexis Law Publishing (Va). This book was released on 1984 with total page 266 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Tom Baker
Publisher : Aspen Publishing
ISBN 13 : 1543831028
Total Pages : 1038 pages
Book Rating : 4.5/5 (438 download)
Download or read book Insurance Law and Policy written by Tom Baker and published by Aspen Publishing. This book was released on 2021-01-31 with total page 1038 pages. Available in PDF, EPUB and Kindle. Book excerpt: A contemporary, easy-to-teach text by the Reporters for the new Restatement of the Law Liability Insurance, this casebook invites students and teachers to re-imagine the field of Insurance Law. The authors demonstrate the big-picture role of insurance law and policy in American business and society, exploring federal-state regulatory roles in depth as well as the traditional topics covered in casebooks. Insurance Law and Policy: Cases and Materials uses more statutory material than any other casebook, with statutes typically presented through problems. Manageable assignments contain one major case followed by informative notes, questions and a problem. This text appeals to Insurance teachers as well as teachers of Torts and Contracts considering a new course. The Teacher’s Manual—with case briefs, backgrounds on selected cases, simple diagrams that explain complex issues, and answers to questions and problems—is especially useful for instructors new to the course. New to the Fifth Edition: Expanded coverage of the role of insurance in disasters and catastrophes, including the COVID-19 pandemic Extensive treatment of the now-finalized Restatement of the Law, Liability Insurance Reorganization of the liability insurance chapters to facilitate more step-by-step learning Replacement of a few difficult-to-teach cases with new, more straightforward cases Professors and student will benefit from: Focus on the big picture of federal-state regulatory roles in addition to the traditional insurance coverage topics addressed in other Insurance Law casebooks Extensive use of statutory materials, with statutes typically presented through carefully-constructed problems Manageable assignments structured with one major case, informative notes, questions, and a problem Interesting, up-to-date cases, with context-setting introductions, on topics such as cyber insurance, the role of private insurance in responding to public catastrophes, and the new Restatement of the Law Liability Insurance Cases are longer, providing students better grounding in the art of extracting useful knowledge from judicial opinions Elimination of some of the arcane aspects of insurance law in favor of presenting a broad and conceptual overview of the field
Author : Ken Oliphant
Publisher : Walter de Gruyter
ISBN 13 : 3110270234
Total Pages : 592 pages
Book Rating : 4.1/5 (12 download)
Download or read book Medical Malpractice and Compensation in Global Perspective written by Ken Oliphant and published by Walter de Gruyter. This book was released on 2013-10-29 with total page 592 pages. Available in PDF, EPUB and Kindle. Book excerpt: The papers in this collection are drawn from a symposium held in Vienna in December 2010. Organised by the Institute for European Tort Law and the Chicago-Kent Law Review, in collaboration with the European Centre of Tort and Insurance Law, the conference drew together legal experts from 14 national or regional systems across six continents. Medical malpractice and compensation for medical injuries are issues which regularly create tension and innovation in national legal systems but the analysis of these areas is often limited to national audiences. This study examines the issues in a uniquely global context, demonstrating the breadth of approaches currently taken around the world and revealing key areas of tension and the likely direction of future developments. Wherever possible, the analysis is supported by reference to empirical data. The 14 legal systems covered in the collection are Austria, Brazil, Canada, China, France, Germany, Italy, Japan, New Zealand, Poland, Scandinavia, South Africa, the United Kingdom and the United States. A general comparative introduction completes the collection.
Author : Meixian Song
Publisher : CRC Press
ISBN 13 : 1317685016
Total Pages : 209 pages
Book Rating : 4.3/5 (176 download)
Download or read book Causation in Insurance Contract Law written by Meixian Song and published by CRC Press. This book was released on 2014-06-27 with total page 209 pages. Available in PDF, EPUB and Kindle. Book excerpt: Causation is a crucial and complex issue in ascertaining whether a particular loss or damage is covered in an insurance policy or in a tort claim, and is an issue that cannot be escaped. Therefore, this unique book will assist practitioners in answering one of the most important questions in the handling of their insurance and tort claims. Through extensive case law analysis, this book scrutinises the causation theory in marine insurance and non-marine insurance law, and provides a comparative study on the causation test in tort law. In addition, the author expertly applies causation questions in concrete scenarios, and ultimately, this book provides a single volume solution to a very complex but essential question of insurance law and tort law. Causation in Insurance Contract Law also comes with a foreword written by Professor Robert Merkin. This book will be an invaluable guide for insurance industry professionals, as well as legal practitioners, academics and students in the fields of insurance and tort law.
Author : Paul H. Rubin
Publisher : American Enterprise Institute
ISBN 13 : 9780844738284
Total Pages : 108 pages
Book Rating : 4.7/5 (382 download)
Download or read book Tort Reform by Contract written by Paul H. Rubin and published by American Enterprise Institute. This book was released on 1993 with total page 108 pages. Available in PDF, EPUB and Kindle. Book excerpt: The author argues that there is a current crisis in tort law and advocates that a return to a more widespread use of contracts in three areas - product liability, medical malpractice, and some aspects of automobile accidents. Such contracts, he suggests, should be allowed by the courts.
Author : Pat Magarick
Publisher :
ISBN 13 :
Total Pages : 520 pages
Book Rating : 4.:/5 (43 download)
Download or read book Excess Liability written by Pat Magarick and published by . This book was released on 1982 with total page 520 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book covers subjects ranging from conflicts of interest and wrongful refusal to defend to the basic doctrines affecting excess liability and evidence of bad faith. The work explains how to reduce the number of cases brought to suit without proper basis and the practices that may lead to excess verdicts.
Author : Mark Rahdert
Publisher : Temple University Press
ISBN 13 : 1566392330
Total Pages : 263 pages
Book Rating : 4.5/5 (663 download)
Download or read book Covering Accident Costs written by Mark Rahdert and published by Temple University Press. This book was released on 1995-01-30 with total page 263 pages. Available in PDF, EPUB and Kindle. Book excerpt: Over the past century, tort law and insurance have developed deeply intertwined legal and economic roots. Insurance usually determines whether tort cases are brought to trial, whom plaintiffs sue, how much they claim, who provides the defense, how the case gets litigated, the dynamics of the settlement, and how much plaintiffs ultimately recover. But to what extent should liability rules be influenced by insurance? In this study, Mark Rahdert identifies the leading arguments both in favor of and against what he terms the "insurance rationale"—the idea that tort law should be structured to facilitate victim access to assured compensation. The insurance rationale has been a leading force in the development of product liability law and, as a component of accident compensation, has significantly influenced pro-plaintiff advances in principal areas of tort law. However, the insurance rationale is also the source of great controversy. Critics charge that liability rules deliberately set to maximize plaintiffs' access to insurance funds have corrupted the system, causing insurance costs to spiral upward uncontrollably. Considering the strengths and weaknesses of both sides of the current debate, Rahdert develops a modified version of the insurance rationale that can become a tool for evaluating future tort reform proposals.
Author : Ken Oliphant
Publisher : Springer
ISBN 13 : 9783709110980
Total Pages : 568 pages
Book Rating : 4.1/5 (19 download)
Download or read book Aggregation and Divisibility of Damage written by Ken Oliphant and published by Springer. This book was released on 2012-03-14 with total page 568 pages. Available in PDF, EPUB and Kindle. Book excerpt: Whether the harm for which compensation is sought in an action in tort is regarded as a single indivisible loss or a plurality of losses can have a number of important ramifications. If there are several losses, it may be that more than one of the claimant’s interests is affected and that only some of his losses are considered to be recoverable damage. Whether or not consequential loss is regarded as an independent harm, to be addressed separately, or as part of the whole damage also bears upon this question of recoverability, as well as upon the application of statutes of limitation of action. Where there exist liability caps and minimum damage thresholds, the question may arise whether these apply once only, to the whole of the claim, or to each of several different c- ponents of the overall claim. A plurality of losses may also be reflected in the application of the laws of contributory negligence. These problems relating to the divisibility of damage may be particularly pressing in cases where there are multiple claimants or multiple defendants. If two or more claimants have rights over the same damaged property (e. g. as joint owners or as owner and licensee), whether they are regarded as having suffered the same loss or independent losses may have implications for the claims they can bring.
Author : Bernhard A. Koch
Publisher : Springer
ISBN 13 : 9783211018675
Total Pages : 314 pages
Book Rating : 4.0/5 (186 download)
Download or read book Terrorism, Tort Law and Insurance written by Bernhard A. Koch and published by Springer. This book was released on 2003-12-22 with total page 314 pages. Available in PDF, EPUB and Kindle. Book excerpt: The tragic events of September 11th, 2001, have stirred international debate on how to cope with losses that terrorist acts inflict upon individuals and businesses. While tort law offers several possible responses to this question, insurers, funds and ad hoc legislation often step in as well. This volume brings together renowned tort law experts from Austria, France, Germany, Israel, Italy, South Africa, Spain, Sweden, Switzerland, the United Kingdom, and the United States, who examine compensation for victims of terrorism in their respective jurisdictions. Contributions from the U.S. also address procedural problems of mass tort litigation and present the September 11th Victim Compensation Fund. Further contributions include a survey of liability insurance issues as well as an economic analysis of possible solutions. The book is concluded by a comparative analysis and an assessment of legal policy issues.
Author : Ken Oliphant
Publisher : Springer
ISBN 13 : 9783211922088
Total Pages : 568 pages
Book Rating : 4.9/5 (22 download)
Download or read book Aggregation and Divisibility of Damage written by Ken Oliphant and published by Springer. This book was released on 2009-12-17 with total page 568 pages. Available in PDF, EPUB and Kindle. Book excerpt: Whether the harm for which compensation is sought in an action in tort is regarded as a single indivisible loss or a plurality of losses can have a number of important ramifications. If there are several losses, it may be that more than one of the claimant’s interests is affected and that only some of his losses are considered to be recoverable damage. Whether or not consequential loss is regarded as an independent harm, to be addressed separately, or as part of the whole damage also bears upon this question of recoverability, as well as upon the application of statutes of limitation of action. Where there exist liability caps and minimum damage thresholds, the question may arise whether these apply once only, to the whole of the claim, or to each of several different c- ponents of the overall claim. A plurality of losses may also be reflected in the application of the laws of contributory negligence. These problems relating to the divisibility of damage may be particularly pressing in cases where there are multiple claimants or multiple defendants. If two or more claimants have rights over the same damaged property (e. g. as joint owners or as owner and licensee), whether they are regarded as having suffered the same loss or independent losses may have implications for the claims they can bring.
