This Article, awarded the 2011-12 Liberty Mutual Prize by Boston College Law School, identifies four different conceptions of insurance that have operated in the debates about insurance and insurance law in recent decades, analyzes these conceptions, and examines the normative agendas that drive...

This Article examines the ways in which insurance coverage is incomplete, and the reasons why coverage is incomplete. It argues that, because all insurance policies and all insurance coverage is incomplete, the notions of a “gap” in coverage and “incomplete” coverage typically are...

Torts have names for a reason. A tort without a name would very nearly be a contradiction in terms, because it would not describe itself. But torts do not always get names immediately upon birth. Typically, it takes some time to recognize what they are, because they are in search of an identity...

Insurance coverage disputes are mostly about the correct interpretation of an insurance policy provision. But three myths confuse and confound thinking about the interpretation of insurance policies. The first myth is that an unambiguous insurance policy provision -- a provision with a...

The rule that evidence of compliance with or departure from custom is admissible to prove negligence implements the idea that recurring patterns of conduct have a bearing on what constitutes reasonable care. In contrast, evidence of the incidence of practices that are not sufficiently widespread...

Cyberattacks have the potential to cause simultaneous, very large losses to numerous firms across the globe, thus resulting in a cyber “catastrophe.” Moreover, there are plausible reasons for believing that a future cyberattack could produce world-wide losses that are larger by an order of...