Liability Insurance at the Tort-Crime Boundary

Liability Insurance at the Tort-Crime Boundary

Assessing the Insurance Role of Tort Liability after Calabresi

In his landmark 1961 article, Some Thoughts on Risk Distribution and the Law of Torts, Judge Calabresi provides a theoretical framework for analyzing tort liability as a risk-spreading device that functions in a manner similar to insurance. In our article, we examine the insurance objective of tort liability from the standpoint of modern tort law. Since Calabresi’s foundational article, there h...

Courts and the Tort-Contract Boundary in Product Liability

Who Pays for Tort Liability Claims? An Economic Analysis of the U.S. Tort Liability System

The Distribution of the Insurance Market Effects of Tort Liability Reforms

This paper considers the effect of tort liability reforms on medical malpractice and general liability insurance markets. The primary reforms analyzed were damages caps and other liability reforms. These reforms decreased premiums, reduced losses, and improved the profitability of insurance companies based on evidence using detailed individual company by state data from the National Association...