Covering Accident Costs: Insurance, Liability, and Tort Reforms
Publication Year: 1995
Published by: Temple University Press
The law of torts and the institution of insurance have enjoyed a long and complicated relationship. Scarcely anyone familiar with the American system for tort compensation would deny that it has...
PART I: The Insurance Rationale for Tort Liability in Legal Theory
For tort scholars, the issue of the connection between insurance and tort liability is by no means a novel concern. Of course, much of tort theory during the past century has had relatively little to...
One: The Early History of the Insurance Rationale
In the common law we inherited from England, torts was a subject that received remarkably little attention.
Two: Emergence of a General Insurance Rationale: The Triumph of Legal Realism
It seems curious that the enthusiasm for the insurance rationale with respect to workplace injuries did not immediately spread to other aspects of tort law. Yet most tort scholars...
Three: The Insurance Rationale Decried: The Theoretical Underpinnings of the Current Movement for Tort Reform
In legal scholarship, the insurance rationale probably reached its heyday sometime during the early or mid 1970s. But even before it reached that point, some tort scholars, particularly...
Four: The Role of Insurance in Tort Liability: Some Preliminary Lessons from Scholarship
One cannot accurately gauge the proper function of the insurance rationale without making at least some attempt to discern how it has been used in practice. I take up that subject...
PART II: The Insurance Rationale for Tort Liability in Practice
Adequate consideration of the insurance rationale for tort liability, especially as it relates to questions of tort reform, cannot take place in a scholarly vacuum. Much depends on whether and how...
Five: Judicial and Legislative Approaches to the Insurance Rationale
Throughout the nineteenth century and during much of the twentieth century, courts and legislatures either refused to recognize the insurance rationale at all or...
Six: Some Prominent Examples of the Insurance Rationale in Practice
It would unduly lengthen this study to describe in detail all the legal developments that have been influenced by the insurance...
Seven: Summary of Principal Themes
Perhaps the best way to gather the modem strands of the insurance rationale together is to consider which arguments...
PART III: The Insurance Rationale, the Liability Insurance Crisis, and the Future of Tort Reform
With the theoretical and practical contours of the insurance rationale established, it is now possible to turn to the ultimate objective of this book-assessment of current claims that a liability...
Eight: The Insurance Rationale and the Late Liability Insurance Crisis
Before considering the developments that have prompted the tort reform movement, it may be helpful to dwell for a moment on the meaning of the much-overused term...
Nine: The Insurance Rationale Reconsidered
Even though the hikes in liability premiums during the last decade do not establish a true crisis, this still seems to be an...
Ten: The Insurance Rationale and the Future of Tort Reform
What, then, should be the modem contours of the insurance rationale?
Publication Year: 1995
OCLC Number: 646821259
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