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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 : Mark Rahdert
Publisher : Temple University Press
ISBN 13 : 1439904529
Total Pages : 263 pages
Book Rating : 4.4/5 (399 download)
Download or read book Covering Accident Costs written by Mark Rahdert and published by Temple University Press. This book was released on 2010-06 with total page 263 pages. Available in PDF, EPUB and Kindle. Book excerpt: The debate over the structure of tort law and victim compensation.
Author : Robert E. Litan
Publisher : Brookings Institution Press
ISBN 13 : 0815718446
Total Pages : 261 pages
Book Rating : 4.8/5 (157 download)
Download or read book Liability written by Robert E. Litan and published by Brookings Institution Press. This book was released on 2010-12-01 with total page 261 pages. Available in PDF, EPUB and Kindle. Book excerpt: The United States has recently witnessed an explosion of personal injury lawsuits involving medical malpractice, unsafe products, and widespread environmental hazards. Jury awards and out-of-court settlements have escalated in many cases to hundreds of thousands of dollars. At the same time, premiums for liability insurance have skyrocketed. As a result, physicians have cut back services and some municipalities and businesses have been denied liability coverage altogether. Some experts claim that only fundamental reform of the nation's civil justice system will end this "insurance crisis." But critics of such wholesale judicial reform contend that the insurance industry has launced a "tort reform" campaign to cover its own past underwriting mistakes. Liability brings together economists and experts in liability law and the insurance industry to assess the merits of the conflicting positions and to formulate sound public policy. Led by Robert Litan and Clifford Winston, the contributors describe the major changes that have contributed to the insurance crunch and set forth a methodological framework for evaluating the debate over the current liability system. They conclude that increases in premiums and cutbacks in coverage have been real but selective; that the forces in the judicial system responsible for rising liability costs are not readily subject to change; and that we know too little about the cost and benefits of the current tort system to replace it with an alternative compensation program.
Author : United States. Congress. Senate. Committee on Banking, Housing, and Urban Affairs. Subcommittee on Housing and Urban Affairs
Publisher :
ISBN 13 :
Total Pages : 262 pages
Book Rating : 4.F/5 ( download)
Download or read book Liability Insurance and Tort Reform written by United States. Congress. Senate. Committee on Banking, Housing, and Urban Affairs. Subcommittee on Housing and Urban Affairs and published by . This book was released on 1986 with total page 262 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : United States. Attorney General's Tort Policy Working Group
Publisher :
ISBN 13 :
Total Pages : 152 pages
Book Rating : 4.3/5 (243 download)
Download or read book An Update on the Liability Crisis written by United States. Attorney General's Tort Policy Working Group and published by . This book was released on 1987 with total page 152 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : United States. Tort Policy Working Group
Publisher :
ISBN 13 :
Total Pages : 152 pages
Book Rating : 4.:/5 (31 download)
Download or read book An Update on the Liability Crisis written by United States. Tort Policy Working Group and published by . This book was released on 1987 with total page 152 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Rob Merkin
Publisher : Oxford University Press
ISBN 13 : 0199645744
Total Pages : 457 pages
Book Rating : 4.1/5 (996 download)
Download or read book Insurance and the Law of Obligations written by Rob Merkin and published by Oxford University Press. This book was released on 2013-08-29 with total page 457 pages. Available in PDF, EPUB and Kindle. Book excerpt: The insurance industry has a significant impact on the operation of private law, yet remains poorly understood and under-theorized in the legal literature. Filling an important gap, this book analyses the interaction of insurance law and the general law of obligations, in theory and practice.
Author : Peter W. Huber
Publisher :
ISBN 13 :
Total Pages : 280 pages
Book Rating : 4.3/5 (91 download)
Download or read book Liability written by Peter W. Huber and published by . This book was released on 1988-10-05 with total page 280 pages. Available in PDF, EPUB and Kindle. Book excerpt: This controversial book describes the transformation of modern tort law since the 1960s, and shows how the dramatic increase in liability lawsuits has had an adverse effect on the safety, health, the cost of insurance, and individual rights.
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 : Maine. Legislature. Commission to Examine Problems of Tort Litigation and Liability Insurance in Maine
Publisher :
ISBN 13 :
Total Pages : 226 pages
Book Rating : 4.F/5 ( download)
Download or read book Report of the Commission to Examine Problems of Tort Litigation and Liability Insurance in Maine written by Maine. Legislature. Commission to Examine Problems of Tort Litigation and Liability Insurance in Maine and published by . This book was released on 1987 with total page 226 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Israel Gilead
Publisher : Walter de Gruyter
ISBN 13 : 3110282585
Total Pages : 396 pages
Book Rating : 4.1/5 (12 download)
Download or read book Proportional Liability: Analytical and Comparative Perspectives written by Israel Gilead and published by Walter de Gruyter. This book was released on 2013-10-14 with total page 396 pages. Available in PDF, EPUB and Kindle. Book excerpt: Causal uncertainty is a wide-spread phenomenon. Courts are often unable to determine whether a defendant’s tortious conduct was a factual cause of a plaintiff’s harm. Yet, sometimes courts can determine the probability that the defendant caused the plaintiff’s harm, although often there is considerable variance in the probability estimate based on the available evidence. The conventional way to cope with this uncertainty has been to apply the evidentiary rule of ‘standard of proof’. The application of this ‘all or nothing’ rule can lead to unfairness by absolving defendants who acted tortiously and may also create undesirable incentives that result in greater wrongful conduct and injustice to victims. Some courts have decided that this ‘no-liability’ outcome is undesirable. They have adopted rules of proportional liability that compensate plaintiffs according to the probability that their harm was caused by the defendant’s tortious conduct. In 2005 the Principles of European Tort Law (PETL) made a breakthrough in this regard by embracing rules of proportional liability. This project, building on PETL, endeavours to make further inquiries into the desirable scope of proportional liability and to offer a more detailed view of its meaning, implications, and ramifications.
Author : Bernard S. Black
Publisher : Cato Institute
ISBN 13 : 194864780X
Total Pages : 337 pages
Book Rating : 4.9/5 (486 download)
Download or read book Medical Malpractice Litigation written by Bernard S. Black and published by Cato Institute. This book was released on 2021-04-27 with total page 337 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Drawing on an unusually rich trove of data, the authors have refuted more politically convenient myths in one book than most academics do in a lifetime." —Nicholas Bagley, professor of law, University of Michigan Law School "Synthesizing decades of their own and others’ research on medical liability, the authors unravel what we know and don’t know about our medical malpractice system, why neither patients nor doctors are being rightly served, and what economics can teach us about the path forward." —Anupam B. Jena, Harvard Medical School Over the past 50 years, the United States experienced three major medical malpractice crises, each marked by dramatic increases in the cost of malpractice liability insurance. These crises fostered a vigorous politicized debate about the causes of the premium spikes, and the impact on access to care and defensive medicine. State legislatures responded to the premium spikes by enacting damages caps on non-economic, punitive, or total damages and Congress has periodically debated the merits of a federal cap on damages. However, the intense political debate has been marked by a shortage of evidence, as well as misstatements and overclaiming. The public is confused about answers to some basic questions. What caused the premium spikes? What effect did tort reform actually have? Did tort reform reduce frivolous litigation? Did tort reform actually improve access to health care or reduce defensive medicine? Both sides in the debate have strong opinions about these matters, but their positions are mostly talking points or are based on anecdotes. Medical Malpractice Litigation provides factual answers to these and other questions about the performance of the med mal system. The authors, all experts in the field and from across the political spectrum, provide an accessible, fact-based response to the questions ordinary Americans and policymakers have about the performance of the med mal litigation system.
Author : J. T. H. Johnson
Publisher :
ISBN 13 :
Total Pages : 248 pages
Book Rating : 4.F/5 ( download)
Download or read book Our Liability Predicament written by J. T. H. Johnson and published by . This book was released on 1997 with total page 248 pages. Available in PDF, EPUB and Kindle. Book excerpt: Our Liability Predicament is a non-political and non-polemical discussion of our present-day liability system and its problems. It concludes that the culprit has been the gradual devolution of American tort law to the point where it actually encourages litigation, greed, and revenge, as opposed to the proclaimed aim of law as a method of settling disputes amicably, expeditiously and fairly. The book is divided into six sections; the first of which is devoted to the basic facts of tort law, how it evolved, and how it began to differ from the tort systems of other nations. The next section discusses the basic flaws and merits of the system, and concludes that the flaws considerably outweigh the merits. The third section discusses the need for basic reforms, particularly in incentives, cost, and complexity. The fourth section considers specific problems, with emphasis on automobile liability and professional malpractice. The fifth section discusses the divergent points of view regarding the tort system in the literature, as well as various proposals for reform, and the final section gives a short summary and conclusion.
Author : United States. Congress. House. Committee on Ways and Means. Subcommittee on Oversight
Publisher :
ISBN 13 :
Total Pages : 754 pages
Book Rating : 4.0/5 (18 download)
Download or read book Costs and Availability of Liability Insurance written by United States. Congress. House. Committee on Ways and Means. Subcommittee on Oversight and published by . This book was released on 1986 with total page 754 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Vincent R. Johnson
Publisher :
ISBN 13 :
Total Pages : 1124 pages
Book Rating : 4.F/5 ( download)
Download or read book Studies in American Tort Law written by Vincent R. Johnson and published by . This book was released on 1999 with total page 1124 pages. Available in PDF, EPUB and Kindle. Book excerpt: Studies in American Tort Law introduces students to -- but is careful not to overwhelm them with -- law and economics. At appropriate junctures, economic issues are explored, as in connection with the negligence balancing test and the materials on damages, nuisance, and strict liability. The goal is not to view all of tort law through an economic lens, but to employ economic analysis when it is particularly useful. This approach allows professors from the law-and-economics school to use the materials in the text as a starting point for classroom discussions; those who eschew economic analysis can allow the economic commentary to stand on its own.Several features of the book are noteworthy: first, vivid, memorable cases are used as the primary vehicle for teaching torts, but special effort is also made to integrate statutory law into the text. In particular, careful attention is paid to the reflexive process through which judge-made law and legislation influence one another. Second, the significance of liability insurance is highlighted so that students come to appreciate the critical role that insurance plays in the resolution of real cases. Third, ethics notes are included throughout the book for the purpose of sensitizing students to the difficult ethical questions that practicing lawyers face each day. Fourth, the text explorers a number of issues associated with the law and feminism movement that raised questions of social justice of concern to all lawyers.The second edition of Studies in American Tort Law is completely up-to-date. It includes 14 new principal cases, citations to almost 600 new decisions, and a rich selection of materials reflecting the numerous recentlegislative changes to the law of torts. A fully revised second edition of the teacher's manual (Teaching Torts) and student study guide (Mastering Torts) will also be available.
Author : Peter J. Neeson
Publisher : Products General Liability and Consumer Law Committee Tort a
ISBN 13 :
Total Pages : 324 pages
Book Rating : 4.F/5 ( download)
Download or read book Reference Handbook on the Comprehensive General Liability Policy written by Peter J. Neeson and published by Products General Liability and Consumer Law Committee Tort a. This book was released on 1995 with total page 324 pages. Available in PDF, EPUB and Kindle. Book excerpt:
