Showing 1 - 10 of 6,563
Limited liability may result in inefficient accident prevention, because a relevant portion of the expected harm is … externalized on victims. This paper shows that under some restrictive conditions further limiting liability by means of a liability …
Persistent link: https://www.econbiz.de/10011349185
This is a survey of legal liability for accidents. Three general aspects of accident liability are addressed. The first … is the effect of liability on incentives, both whether to engage in activities (for instance, whether to drive) and how …-bearing and insurance, for the liability system acts as an implicit insurer for accident victims and it imposes risk on potential …
Persistent link: https://www.econbiz.de/10014023514
This article assesses predictors of payouts and non-economic damages in medical malpractice cases decided by the Spanish Supreme Court from 2006 until 2010. Medical malpractice cases can be judged in administrative or civil courts, and this distinction heavily relies on the type of hospital...
Persistent link: https://www.econbiz.de/10011334453
We survey the theoretical and empirical literature on the law and economics of liability insurance. The canonical … Shavell model predicts that, despite the presence of some ex ante moral hazard (care-reduction by insureds), liability … precautionary activities. We discuss the numerous features of liability insurance contracts that are designed to reduce ex ante …
Persistent link: https://www.econbiz.de/10013115110
Despite common claims made in policy debates, the theoretical connection between tort reform and medical malpractice insurance premiums is ambiguous. Simple models suggest reforms such as statutory damages caps reduce premiums. More elaborate models that account for changes in physician behavior...
Persistent link: https://www.econbiz.de/10013097688
Liability insurers use a variety of tools to address adverse selection and moral hazard in insurance relationships … prior literature to explore them in the context of five areas of liability and corresponding insurance: shareholder … liability, auto liability, gun liability, medical professional liability, and lawyers' professional liability. The goal is to …
Persistent link: https://www.econbiz.de/10013088333
Calabresi's theory of tort liability (1961) as a risk distribution mechanism established insurance as an objective of … tort liability. Calabresi's risk-spreading concept of tort has provided the impetus for much of the subsequent development … of tort liability doctrine, including risk-utility analysis and strict liability. Calabresi's analysis remains a powerful …
Persistent link: https://www.econbiz.de/10013089414
This article assesses predictors of payouts and non-economic damages in medical malpractice cases decided by the Spanish Supreme Court from 2006 until 2010. Medical malpractice cases can be judged in administrative or civil courts, and this distinction heavily relies on the type of hospital...
Persistent link: https://www.econbiz.de/10013014904
Using the best publicly available data on lawyers' liability claims and insurance – from the largest insurer of large … law firms in the U.S., the American Bar Association's Standing Committee on Professional Liability, and a summary of large … claims from a leading insurance broker – this article reports the frequency of lawyers' liability claims, the distribution …
Persistent link: https://www.econbiz.de/10013004816
insurers; weaken liability insurers' incentives to monitor providers; and diminish the (already modest) deterrent effect of …
Persistent link: https://www.econbiz.de/10013005651