Covering Accident Costs: Insurance, Liability, and Tort Reforms

CONTENTS

CONTENTS Introduction PART I: The Insurance Rationale for Tort Liability in Legal Theory 7 One: The Early History of the Insurance Rationale II Two: Emergence of a General Insurance Rationale: The Triumph of Legal Realism 23 Three: The Insurance Rationale Decried: The Theoretical Underpinnings of the Current Movement for Tort Reform 37 Four: The Role of Insurance in Tort Liability: Some Preliminary Lessons from Scholarship 51 PART II: The Insurance Rationale for Tort Liability in Practice 57 Five: Judicial and Legislative Approaches to the Insurance Rationale 61 Six: Some Prominent Examples of the Insurance Rationale in Practice 79 Seven: Summary of Principal Themes 99 PART III: The Insurance Rationale, the Liability Insurance Crisis, and the Future of Tort Reform 105 Eight: The Insurance Rationale and the Late Liability Insurance Crisis 109 Nine: The Insurance Rationale Reconsidered 127 Ten: The Insurance Rationale and the Future of Tort Reform 179 Notes 189 Index 243 Copyrighted Material ix Copyrighted Material COVERING ACCIDENT COSTS Copyrighted Material Copyrighted Material ...