Kenneth S. Abraham

The Insurance Effects of Regulation by Litigation

PUBLISHER
AEI-Brookings Joint Center for Regulatory Studies
DATE
2002
 

UVA Law Faculty Affiliations

Abstract

Mass tort and similar major lawsuits have been a fixture in the courts of this country for more than twenty-five years. Toward the end of this chapter I discuss whether all or only a portion of this litigation should be defined as “regulation by litigation.” For insurance purposes, however, the motive behind a lawsuit is largely irrelevant. Insurance is most affected when liability is potentially sizable and unpredicted, regardless of what plaintiffs intend to achieve through their lawsuits. Thus I concentrate on a general class of major lawsuits whose effects on insurance are significant.

Citation

Kenneth S. Abraham, The Insurance Effects of Regulation by Litigation, in W. Kip Viscusi Regulation through Litigation, AEI-Brookings Joint Center for Regulatory Studies, 212-233 (2002).
 

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