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.
Embedded in a recently decided Supreme Court case about Cuba and the Foreign Sovereign Immunities Act—Exxon Mobil v. Cimex—was a debate about the...
In Artificial Intelligence, Judicial Evolution, and Insurance, Professor Renee Henson achieves her stated goal of “advanc[ing] scholarly and industry...
This Article tells the story of three wholly unpredicted but enormously important late twentieth-century developments in tort liability and insurance...
This chapter identifies a series of topics and issues involving tort liability and insurance that could fruitfully be the subject of future research...
This Essay predicts that concerns about the insurability and insurance of AI liability will prove to be either exaggerated or unwarranted as the...
An important piece of the “speech-tort” picture has been almost completely missing from doctrinal and policy analysis: the role played by liability...
Used as the principal text in insurance law courses at more than one hundred law schools, this casebook offers a comprehensive and accessible...
The notion of insurance as a regulatory device has become a prominent trop in recent years. In the US, a leading article by insurance law Professors...
The first principle of insurance reflects the fundamental lesson of the tragic California fires: you can’t get something for nothing. If expected...
The glaring gap in tort theory is its failure to take adequate account of liability insurance. Much of tort theory fails to recognize the active and...
An upcoming Supreme Court case on Article III standing and disability presents critical questions about the future of litigation that promotes...
“Dignity” is a rallying cry of social and political movements worldwide. It also appears in legal doctrine and scholarship. But the meaning of dignity...
Three established torts require the defendant’s behavior to be “offensive” or “highly offensive” in order to be actionable: offensive battery, public...
This paper, prepared for the 2023 Clifford Symposium on “New Torts” at DePaul Law School, addresses the tort of offensive battery. This is an ancient...
It has long been said that the common law "works itself pure" But in the law of torts, not always. This Article reveals and analyzes the...
Many insurers exclude coverage for transgender individuals. Litigation challenging these exclusions has increased. Most of these cases successfully...
Public nuisance has lived many lives. A centuries-old doctrine defined as an unreasonable interference with a right common to the public, it is...