Home -> Law Blog Directory -> Academic Blogs -> Legal Theory Blog
(866) 635-2689 for Personal Injury or (866) 635-9402 for Criminal Defense
Find a Local Lawyer
Divorce (866) 635-6190
Personal Injury (866) 635-2689
Criminal Defense (866) 635-9402
Academic
: Legal Theory BlogBaker on Insurance & the Tort-Crime Boundary
By Lawrence Solum
Tom Baker (University of Pennsylvania Law School) has posted Liability Insurance at the Tort-Crime Boundary on SSRN. Here is the abstract:
This essay explores how liability insurance mediates the boundary between torts and crime. Liability insurance sometimes separates these two legal fields, for example through the application of standard insurance contract provisions that exclude insurance coverage for some crimes that are also torts. Perhaps less obviously, liability insurance also can draw parts of the tort and criminal fields together. For example, professional liability insurance civilizes the criminal law experience for some crimes that are also torts by providing defendants with an insurance-paid criminal defense that provides more than ordinary means to contest the state's accusations. The crime-tort separation in liability insurance cannot be explained by economic incentives, alone. Morality matters, too. The fact that liability insurance sometimes provides coverage for criminal defense costs suggests that liability insurance institutions could cover a broader swath of crime torts than they do, providing further support for the claim that consequentialist reasoning, alone, cannot explain the observed relationship between liability insurance, torts, and crime. The tort-crime separation reflects and reinforces a concept of liability insurance as protection for defendants, rather than as a fund for victims. In turn, this concept of insurance reflects and reinforces an understanding of tort claims as encounters between particular plaintiffs and defendants, rather than as a price setting or loss spreading insurance mechanism
Very interesting! And insurance law. Now we know that there is an x, such that x is interesting [I(x)] and x is legal scholarship [LS(x)]. Just to be clear, I am not asserting or implying ?!x ? I(x) & LS(x).
Full post as published by Legal Theory Blog on December 11, 2008 (boomark / email).
Medicare
Guide to government health insurance for the elderly
Missing Children
Databases and organizations
National Practitioner Data Bank Fact
NPDB identifies unprofessional healthcare practitioners
Law Enforcement and Criminal Justice Career Choices
Descriptions of law enforcement occupations
Law & Order Depicts Police Procedures and Criminal Justice
Accuracy of Criminal Justice Depiction on Television
Sex Offender Lists
Registries by State and County
Texas, USA
alleging the Medical Malpractice and Tort Reform Act of 2003 violates several provisions of the Constitution.
Internet/Technology
involving cyber law, consumer protection, internet crime, internet fraud, online gambling, e-commerce.
LINA - Cigna Life Insurance Company of North America Disability Claims
LINA Insurance alleging violations of disability insurance claims.
AARP Insurance
alleging misleading medical insurance policies.
Oxford Health Insurance
$50 million refunds offered in overcharged insurance suit.
Health Insurance
alleging health insurance companies have forced patients to pay more than they should when using doctors and hospitals outside their insurer's networks.

How Tort Reform Affects Insurance Markets
Baker & Griffith on D&O Insurance and Settlements
Tillinghast-Towers Perrin 2008 tort cost update
AM Best Guide to Understanding Insurance Ratings
Effects of Arkansas Tort Reform Being Weighed by Insurance Commissioner









