The Insurance Effects of Regulation by Litigation
UVA Law Faculty Affiliations
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.