Chapter

Insurance and Tort Law

Peter Cane

in Tort Law and Economic Interests

Published in print May 1991 | ISBN: 9780198252368
Published online March 2012 | e-ISBN: 9780191681370 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780198252368.003.0009
Insurance and Tort Law

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Practical operation of the law of tort cannot be fully comprehended without closely looking at the fact and extent of insurance, whether it be liability insurance, loss insurance, or legal expenses insurance. In general and in several cases, it is only the fact that the defendant is insured against liability which makes it worthwhile to sue him. Liability insurance is observed in the case of individual defendants as well as in business and institutions wherein liability insurance is seen as a means to rid out fear when confronted with a claim. This chapter focuses on the interplay between insurance and tort law. It discusses the effect of insurance on the content of law as well as the impact of law on insurance. The chapter also discusses mutual insurance, which emerged as means of riding out the increasing cost of indemnity insurance. The discussion furthermore includes subrogation and contribution and the prevailing arguments on insurance.

Keywords: tort; insurance; liability insurance; mutual insurance; indemnity insurance; subrogation; contribution

Chapter.  16357 words. 

Subjects: Civil Law

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