Wednesday, July 29, 2009
Tom Baker (Penn) has published a chapter on SSRN that makes some important points about what we know, and what we don't know, about the civil justice system. The chapter is entitled Transparency Through Insurance, Mandates Dominate Discretion (you can find it on SSRN at this link). The abstract is below:
The first part of this chapter describes existing approaches to transparency through liability insurance in the U.S. The second part analyzes the role of liability insurance in promoting transparency in several discrete civil justice arenas - auto, medical, and products liability - and, for comparison purposes, workers’ compensation. The concluding section addresses objectives to expanding mandatory claims reporting and links the discussion in this chapter to the literature on the relationship between liability and insurance more generally.