This chapter identifies a series of topics and issues involving tort liability and insurance that could fruitfully be the subject of future research. Empirical issues include the influence of liability insurance on the development of tort liability; the economic loss rule; how liability insurers’ duties to defend and to accept reasonable offers of settlement have been responsible for the expansion of tort liability; the role played by commercial self-insurance in tort litigation; the influence of the collateral source rule; and how mass tort and high-stakes insurance litigation went unpredicted until they occurred. Normative issues include whether admitting evidence of the availability of insurance into the trial (and appellate) record would have salutary effects; how both deontic and consequentialist theories of tort liability could incorporate consideration of the role played by liability insurance; and whether insurability should be an important ingredient of decisions about the appropriate scope of tort liability.

Citation
Catherine M. Sharkey & Kenneth S. Abraham, Tort Liability and Insurance, in A Research Agenda for Tort Law, Edward Elgar Publishing, 125–141 (2026).
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