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title

Covering Accident Costs: Insurance, Liability, and Tort Reforms

Mark Rahdert

Publication Year: 1995

Published by: Temple University Press

CONTENTS

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pp. ix-

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Introduction

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pp. 1-6

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...

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PART I: The Insurance Rationale for Tort Liability in Legal Theory

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pp. 7-10

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...

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One: The Early History of the Insurance Rationale

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pp. 11-22

In the common law we inherited from England, torts was a subject that received remarkably little attention.

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Two: Emergence of a General Insurance Rationale: The Triumph of Legal Realism

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pp. 23-36

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...

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Three: The Insurance Rationale Decried: The Theoretical Underpinnings of the Current Movement for Tort Reform

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pp. 37-50

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...

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Four: The Role of Insurance in Tort Liability: Some Preliminary Lessons from Scholarship

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pp. 51-56

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...

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PART II: The Insurance Rationale for Tort Liability in Practice

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pp. 57-60

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...

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Five: Judicial and Legislative Approaches to the Insurance Rationale

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pp. 61-78

Throughout the nineteenth century and during much of the twentieth century, courts and legislatures either refused to recognize the insurance rationale at all or...

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Six: Some Prominent Examples of the Insurance Rationale in Practice

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pp. 79-98

It would unduly lengthen this study to describe in detail all the legal developments that have been influenced by the insurance...

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Seven: Summary of Principal Themes

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pp. 99-104

Perhaps the best way to gather the modem strands of the insurance rationale together is to consider which arguments...

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PART III: The Insurance Rationale, the Liability Insurance Crisis, and the Future of Tort Reform

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pp. 105-108

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...

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Eight: The Insurance Rationale and the Late Liability Insurance Crisis

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pp. 109-126

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...

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Nine: The Insurance Rationale Reconsidered

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pp. 127-178

Even though the hikes in liability premiums during the last decade do not establish a true crisis, this still seems to be an...

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Ten: The Insurance Rationale and the Future of Tort Reform

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pp. 179-188

What, then, should be the modem contours of the insurance rationale?

Notes

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pp. 189-242

Index

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pp. 243-250


E-ISBN-13: 9781439904527

Publication Year: 1995