Tort Law and Liability Insurance

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Taylor & Francis, Oct 27, 2005 - Law - 361 pages
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Among scholars as well as practitioners it is taken for granted that liability insurance and liability in tort interrelate in many ways. In fact, insurance carriers are major players in the area of claims for damages. In striking contrast to common beliefs among lawyers, the law still maintains that there is no connection between liability issues and insurance matters, i.e. that both belong to different worlds which must be kept separate. The question is: Who is right? Is it true what countless decisions say, i.e. that there is no normative connection between the liability and the insurance issues? This volume tests the two suppositions against reality. It brings together reports from a number of European jurisdictions which all address the question whether the separateness principle is a mere fašade for the courts to hide their real motives or in fact a close approximation of legal reality. The book also addresses the issue from an economic point of view, exploring the issues with the help of the analytical tools of price theory.

 

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Contents

QUESTIONNAIRE
1
IV Blank Space
4
COUNTRY REPORTS
5
Country Report Austria
7
II Compulsory and Voluntary Insurance
11
III The Influence of Liability Insurance on Court Decisions in Tort Cases Focus on the Courts
15
IV Further Topics
46
The Relationship Between Tort Law and Insurance in England and Wales
47
The Need for More and Detailed Information
201
Tort Law and Liability Insurance in the United States
207
II The General Principles of the United States Tort Liability System
210
III The Economic Analysis of Tort Liability and Insurance
220
IV Issues Facing the Modern Tort Liability System in the US
234
V Conclusion
238
The View from Law and Economics
239
II Compulsory and Voluntary Insurance
240

II The Areas of Compulsory Insurance Questions 24
54
General Views
60
Analysis of Specific Areas
66
V Insurance and Statute
80
VI Liability Insurance Crises Question 7
82
VII Conclusion
84
German Report
87
II Compulsory and Voluntary Insurance
94
III The Influence of Liability Insurance on Court Decisions in Tort Cases Focus on the Courts
98
Italy
119
II Compulsory and Voluntary Insurance
120
III The Influence of Liability Insurance on Court Decisions in Tort Cases Focus on the Courts
128
IV Further Topics
146
Sweden
147
II Compulsory and Voluntary Insurance
149
III The Influence of Liability Insurance on Court Decisions in Tort Cases Focus on the Courts
151
IV Further Topics
172
Switzerland
173
II Compulsory and Voluntary Insurance
176
III The Influence of Liability Insurance on Court Decisions in Tort Cases Focus on the Courts
178
IV Further Topics
196
V Conclusion
198
GENERAL APPROACHES
199
III The Influence of Liability Insurance on Court Decisions in Tort Cases
248
IV Concluding Remarks
272
The Impact of Liability Insurance on Tort Law
275
II Insurance Clauses
283
III Proposals for a Reform of the German Insurance Contract Law
284
On the Relationship between Liability Insurance and Tort Law
287
II Impact of FirstParty Insurance on Tort Law
288
III Impact of Liability Insurance on Tort Law
289
IV Final Remarks
293
Six Ways that Liability Insurance Shapes Tort Law
295
I A Brief Note on Method
296
III Conclusion
306
COMPARATIVE REPORT AND FINAL CONCLUSIONS
307
Comparative Report and Final Conclusions
309
General
310
III Compulsory and Voluntary Insurance
311
IV The Influence of Liability Insurance on Court Decisions in Tort Cases
314
V Procedural Issues
333
VI Final Conclusions
334
INDEX
353
PUBLICATIONS
359
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About the author (2005)

Prof. Ulrich Brockel studied Chemical Engineering at the Technical University of Karlsruhe, and finished his doctorate at the Institute of Mechanical Engineering in 1991. After his industrial carreer at the BASF process engineering department - heading a team responsible for agglomeration and product design of solids - he became Professor at the University of Applied Sciences Trier in 2000. He is member of APV (Arbeitsgemeinschaft fur Pharmazeutische Verfahrenstechnik), DECHEMA (Gesellschaft fur Chemische Technik und Biotechnologie, GVC (VDI-Gesellschaft Verfahrenstechnik und Chemieingenieurwesen), and he is co-chairing the section group "Product Design and Engineering" of the EFCE (European Federation of Chemical Engineering). Professor Brockel's work focuses on solids processing and plant design.

Dr. Gerhard Wagner studied Chemical Engineering at the Technical University of Munich. After gaining his PhD from the Technical University Munich, he worked as a scale up engineer in the chemical process development department of Hoffmann-La Roche in Basle, Switzerland. Currently he is responsible for the form development research and development department. Gerhard Wagner is member of the SPIN (Solid Processing Industrial Network) and the section group "Product Design and Engineering" within the EFCE.

Dr. Willi Meier studied Chemistry at the RWTH Aachen, where he gained his PhD in 1992. He is responsible for the international cooperation of the DECHEMA and he is coordinating the research activities of the section groups of the EFCE and the EFB (European Federation of Biotechnology).

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