Tort Law And Liability Insurance
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Tort Law And Liability Insurance
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Author : Gerhard Wagner
language : en
Publisher: Taylor & Francis
Release Date : 2005-10-27
Tort Law And Liability Insurance written by Gerhard Wagner and has been published by Taylor & Francis this book supported file pdf, txt, epub, kindle and other format this book has been release on 2005-10-27 with Law categories.
With contributions by numerous experts
Insurance And The Law Of Obligations
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Author : Rob Merkin
language : en
Publisher: Oxford University Press
Release Date : 2013-08-29
Insurance And The Law Of Obligations written by Rob Merkin and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-08-29 with Law categories.
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.
The Liability Century
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Author : Kenneth S. Abraham
language : en
Publisher: Harvard University Press
Release Date : 2008-03-31
The Liability Century written by Kenneth S. Abraham and has been published by Harvard University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2008-03-31 with Law categories.
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.
Covering Accident Costs
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Author : Mark Rahdert
language : en
Publisher: Temple University Press
Release Date : 1995-01-30
Covering Accident Costs written by Mark Rahdert and has been published by Temple University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 1995-01-30 with Business & Economics categories.
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.
Liability
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Author : Robert E. Litan
language : en
Publisher: Brookings Institution Press
Release Date : 2010-12-01
Liability written by Robert E. Litan and has been published by Brookings Institution Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010-12-01 with Business & Economics categories.
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.
Foundations Of The Law Of Tort
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Author : Glanville Llewelyn Williams
language : en
Publisher: Lexis Law Publishing (Va)
Release Date : 1984
Foundations Of The Law Of Tort written by Glanville Llewelyn Williams and has been published by Lexis Law Publishing (Va) this book supported file pdf, txt, epub, kindle and other format this book has been release on 1984 with Law categories.
Compulsory Liability Insurance From A European Perspective
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Author : Attila Fenyves
language : en
Publisher: Walter de Gruyter GmbH & Co KG
Release Date : 2016-09-26
Compulsory Liability Insurance From A European Perspective written by Attila Fenyves and has been published by Walter de Gruyter GmbH & Co KG this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-09-26 with Law categories.
Statutory obligations to take out liability insurance are, in practice, the most important means to ensure compensability of damage arising from dangerous activities. However, in contrast to the significant practical impact, academic research on the topic has not been extensive so far. This study, therefore, undertakes a comprehensive survey of compulsory liability insurance from nine national perspectives (Austria, Belgium, the Czech Republic, Finland, Germany, Hungary, Italy, Switzerland, and the United Kingdom) and takes constitutional and European law (four freedoms, European Convention on Human Rights) as well as the Principles of European Insurance Contract Law (PEICL) into account. It also contains an extensive economic analysis of compulsory liability insurance and discusses aspects of insurability. A Comparative Report, Conclusions and an Annex containing a compilation of rules on compulsory liability insurance in the nine national legal systems complete the study. It considers in particular: the aims of provisions stating an obligation to take out liability insurance the mandatory content of insurance cover the protection mechanisms linked to compulsory liability insurance the control mechanisms and the sanctions imposed structural deficiencies of existing compulsory liability insurance systems
Medical Liability In Europe
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Author : Bernhard A. Koch
language : en
Publisher: Walter de Gruyter
Release Date : 2011-07-28
Medical Liability In Europe written by Bernhard A. Koch and has been published by Walter de Gruyter this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011-07-28 with Law categories.
Ten years after the first study published in this field by the European Centre of Tort and Insurance Law, liability for medical malpractice is still a hot topic throughout Europe and it continues to expand and develop. In order to provide an update on the current situation across European legal systems, this book includes fourteen country reports authored by renowned experts from each legal system. In addition to providing a theoretical survey of key issues, each contributor also analyzed six hypotheticals based on actual cases, thereby also providing practical guidance on major aspects of liability claims. A concluding comparative analysis highlights commonalities and differences in the liability rules employed, dispute resolution procedures and the insurance background.
Liability Insurance And Tort Reform
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Author : United States. Congress. Senate. Committee on Banking, Housing, and Urban Affairs. Subcommittee on Housing and Urban Affairs
language : en
Publisher:
Release Date : 1986
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 has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1986 with Housing categories.
The Philosophy Of Tort Law
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Author : Izhak Englard
language : en
Publisher: Dartmouth Publishing Company
Release Date : 1993
The Philosophy Of Tort Law written by Izhak Englard and has been published by Dartmouth Publishing Company this book supported file pdf, txt, epub, kindle and other format this book has been release on 1993 with Law categories.
There are three pairs of concepts which dominate the contemporary discussion concerning tort law: moral responsibility and social utility; corrective and distributive justice; and strict liability and fault. This text analyzes these concepts and examines their use in the liability context.