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Covering Accident Costs : Insurance, Liability, and Tort Reform

Rahdert, Mark C.

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ISBN 10: 1566392322 / ISBN 13: 9781566392327
Published by Temple Univ Pr, 1995
Used Condition: Very Good Soft cover
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About this Item

250 pages, index. Clean inside & out but for price inked out on first page, one corner bumped, light edge rear on rear cover. Contents include: Insurance Rationale for Tort Liability in Legal Theory; Early History of the Insurance Rationale; Emergence of a General Insurance Rationale; Theoretical Underpinnings of the Current Movement for Tort Reform; Role of Insurance in Tort Liability; Judicial and Legislative Approaches to the Insurance Rationale; Some Prominent Examples of the Insurance Rationale in Practice; Insurance Rationale and the Late Liability Insurance Crisis; Insurance Rationale Reconsidered; etc. Bookseller Inventory # 019140

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Bibliographic Details

Title: Covering Accident Costs : Insurance, ...

Publisher: Temple Univ Pr

Publication Date: 1995

Binding: Soft Cover

Book Condition: Very Good

Book Type: Used

About this title


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.

From the Publisher:

The debate over the structure of tort law and victim compensation

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