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Covering Accident Costs: Insurance, Liability, and Tort Reforms Book

Covering Accident Costs: Insurance, Liability, and Tort Reforms
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Covering Accident Costs: Insurance, Liability, and Tort Reforms, 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 cas, Covering Accident Costs: Insurance, Liability, and Tort Reforms
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  • Covering Accident Costs: Insurance, Liability, and Tort Reforms
  • Written by author Mark Rahdert
  • Published by Temple University Press, 6/1/2010
  • 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 cas
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Introduction 1
Pt. I The Insurance Rationale for Tort Liability in Legal Theory 7
1 The Early History of the Insurance Rationale 11
2 Emergence of a General Insurance Rationale: The Triumph of Legal Realism 23
3 The Insurance Rationale Decried: The Theoretical Underpinnings of the Current Movement for Tort Reform 37
4 The Role of Insurance in Tort Liability: Some Preliminary Lessons from Scholarship 51
Pt. II The Insurance Rationale for Tort Liability in Practice 57
5 Judicial and Legislative Approaches to the Insurance Rationale 61
6 Some Prominent Examples of the Insurance Rationale in Practice 79
7 Summary of Principal Themes 99
Pt. III The Insurance Rationale, the Liability Insurance Crisis, and the Future of Tort Reform 105
8 The Insurance Rationale and the Late Liability Insurance Crisis 109
9 The Insurance Rationale Reconsidered 127
10 The Insurance Rationale and the Future of Tort Reform 179
Notes 189
Index 243


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Covering Accident Costs: Insurance, Liability, and Tort Reforms, 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 cas, Covering Accident Costs: Insurance, Liability, and Tort Reforms

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Covering Accident Costs: Insurance, Liability, and Tort Reforms, 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 cas, Covering Accident Costs: Insurance, Liability, and Tort Reforms

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Covering Accident Costs: Insurance, Liability, and Tort Reforms, 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 cas, Covering Accident Costs: Insurance, Liability, and Tort Reforms

Covering Accident Costs: Insurance, Liability, and Tort Reforms

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