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...
Over the past century, tort law and insurance have developed deeply intertwined legal and economic roots. Insurance usually determines whether tor...
Insurance usually determines whether tort cases are brought to trial, whom plaintiffs sue, and how much they claim. But to what extent should liability rules be influenced by insurance? This study identifies the arguments both in favor of and against the idea that tort law should be structured to facilitate victim access to assured compensation.
Insurance usually determines whether tort cases are brought to trial, whom plaintiffs sue, and how much they claim. But to what extent should liabilit...
